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(영문) 창원지방법원 2016.11.10 2016고단2800
마약류관리에관한법률위반(향정)등
Text

Defendant

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

Defendants 1, 2, and 3 of seized evidence.

Reasons

Punishment of the crime

1. On May 22, 2015, Defendant A was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on February 11, 2016, and the execution of the above punishment was completed on February 11, 2016. Defendant B was sentenced to two months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. at the Changwon District Court on April 29, 2014, and completed the execution of the above punishment on December 17, 2014.

2. Criminal facts;

(a) Defendant A (1) is prohibited from administering psychotropic drugs other than a person handling narcotics, etc. in violation of the Act on the Control of Narcotics, etc.;

Despite the fact that the Defendant is not a person handling narcotics, the Defendant administered the psychotropic drugs-related Mebacule (one philophone; hereinafter referred to as “philophone”) as follows:

(A) On July 13, 2016, around 19:20, the Defendant injected approximately 0.03g of philopon into the Defendant’s left arms, after dilutioning it from the toilet of the first floor of the D Building at Changwon-si, and 0.03g of philopon into the Defendant’s left arms.

(B) Around 18:00 on August 14, 2016, the Defendant administered approximately 0.03g of philophones in the same manner as the preceding paragraph at the 1st toilet of F commercial building in Changwon-si E, Changwon-si.

(2) On July 13, 2016, around 22:10 on July 13, 2016, the Defendant: (a) opened an entrance which was not corrected and entered the toilet and intrudes on the victim’s residence when the victim H’s house located in the window G of Chang-si was administered, such as paragraph (1)(A).

(b) No person other than Defendant B, etc., shall administer psychotropic drugs.

Despite the fact that the Defendant is not a person handling narcotics, the Defendant administered philophones as follows:

(1) Around 19:00 on July 11, 2016, the Defendant: (a) injected the Defendant’s vehicle from K5 K-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

(2) At around 02:00 on August 13, 2016, the Defendant: (a) around 02:0, the J’s “Sing shop,” approximately 0.0 penphones.

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