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(영문) 창원지방법원 2016.11.23 2016고단2803
마약류관리에관한법률위반(향정)
Text

Defendant

A Imprisonment of one year and two months, and Defendant B shall be punished by imprisonment of six months and by imprisonment of six months.

Each of the Defendants is KRW 100,000.

Reasons

Punishment of the crime

1. On October 14, 2014, Defendant A sentenced ten months to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (fence) in the Changwon District Court’s branch branch office, and completed the execution of the said sentence in the 1st prison of Gyeongbukbukon on July 5, 2015.

2. No person other than a person handling narcotics shall administer, possess, or provide psychotropic drugs;

Despite the fact that the Defendants were not the authorized person handling narcotics, the Defendants administered, possessed, and provided the psychotropic drugs-related Mesophopopon (one philopon; hereinafter referred to as “philopon”) as follows:

Defendant

A (1) On August 17, 2016, around 14:30 on August 17, 2016, the Defendant provided KRW 0.29g of philopon to B from the E-Poter Cargo Vehicles parked near the entrance of a bridge located in Gangseo-gu Busan Metropolitan City.

(2) The Defendant, at around 15:50 on the same day as the preceding paragraph, injected 601 Gelon F in 15:50 Gelon, 0.03 gopon into aquatic water, and injected it on the part of the Defendant’s left hand.

(3) At around 16:30 on the same day as the above (1), the Defendant issued the said Gel 601, and the H aopon 0.13g of opon to H.

B. Defendant B (1) around 15:50 on August 17, 2016, the Defendant injected approximately 0.03 gopon into the right side of the Defendant, after dilutioning the said Gel 601, and 0.03 gopon with bopon with bopon.

(2) At around 17:28 on the same day, the Defendant possessed 0.26 g of philophones contained in the above Gel 601 and a single-use folder.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written appraisal of each drug;

1. Statement of seizure by the police;

1. Each investigation report (calculated of additional collection charges);

1. Previous convictions in judgment: Criminal records, current status of personal confinement, and application of Acts and subordinate statutes of one written judgment;

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. under Relevant Acts concerning criminal facts, and choice of imprisonment;

1. Defendant A among repeated crimes: Article 35 of the Criminal Act;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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