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(영문) 서울서부지방법원 2019.08.28 2019고단2221
마약류관리에관한법률위반(향정)
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who acquired the nationality of the Republic of Korea through naturalization in around 1997, and Defendant B enters Korea in 2016 for tourism purposes, and currently is a foreigner of the Republic of Korea who is staying in Korea on the ground of refugee application.

All the Defendants are not narcotics handlers.

1. Joint crimes committed by the Defendants

A. On March 18, 2019, the Defendants, along with SNS (C), decided to purchase and administer psychotropic drugs-related Mephones (hereinafter referred to as “Handphones”). On March 18, 2019, the Defendants transferred KRW 700,000 to the E bank account (H) in the nameless Handphone sellers designated in Seocho-gu Seoul, with the “E Bank F Branch” located in Seocho-gu Seoul. On March 18, 2019, the Defendants transferred KRW 1g of the phone to the account in the name of the E Bank in the name of the G Bank (H) designated by the seller, and then the Defendant B brought about approximately 1g of the phone in the name of the seller to the second floor of the building in the Songpa-gu Seoul.

Accordingly, the Defendants conspired to purchase philophones as above.

B. At around 23:30 on March 18, 2019, the Defendants: (a) ambalon medication: (b) Defendant A ambalon in the mutual incompetur located in Eunpyeong-gu Seoul Metropolitan Government; (b) Defendant B brought the ambalon in the way of “malon” as above; (c) divided part of the ambalon into two in the ambalon injection machine; and (d) combined with water-dilution in the following way of injection into one’s arms:

2. Defendant A’s phiphone medication crime on April 3, 2019: around 20:0 on April 3, 2019, among the phiphones purchased as above at the Defendant’s residence located in Eunpyeong-gu Seoul Metropolitan Government I.B.

As stated in paragraph (1), all remaining parts of the medication have been administered in a way that can be mixed with water.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. A photograph of a field CCTV closure;

1. The application of Acts and subordinate statutes of a reply to narcotic appraisal, a gene appraisal report, and a narcotic appraisal report;

1. Criminal facts;

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