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(영문) 서울남부지방법원 2016.07.27 2016고단2013
마약류관리에관한법률위반(향정)
Text

Defendant

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

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

[Criminal Records] Defendant A was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Seoul Central District Court on March 13, 2014 and completed the execution of the sentence on December 3, 2014.

[Criminal facts] The Defendants are not narcotics handlers.

1. Defendant A

A. Around May 8, 2016, the Defendant administered a philophone in a manner that inhales steam catta (one philophone, hereinafter referred to as a philophone), which is a local mental medicine in Yeongdeungpo-gu Seoul Metropolitan Government, by raising the cathophone on the gambling place, and by heating the steam from a philoter to a philophone inhales through a philophone inhalesing machine.

B. On May 8, 2016, at around 19:00, the Defendant administered philophones in the same manner as the described in the foregoing paragraph from Gel 205 in Geumcheon-gu Seoul Metropolitan Government.

(c)

On May 10, 2016, the Defendant, at the I parking lot located in Yeongdeungpo-gu Seoul Metropolitan Government H on May 16, 2016, put approximately 1.47g of philophones into one’s own machine and carried philophones.

(d)

On May 11, 2016, around 16:30 on May 11, 2016, the Defendant: (a) put approximately 0.89g of philophones into two plastic bags in the dwelling harassment of the Defendant in Yeongdeungpo-gu Seoul Metropolitan Government; and (b) stored philophones in two plastic bags.

2. On May 10, 2016, around 14:00 to 15:00, Defendant B administered phiphones in a manner of inhaleing steams from the Defendant’s residence located in Yeongdeungpo-gu Seoul Metropolitan Government, by raising the philophones in front of the gambling place. The Defendant 2 administered steams from heating the philophones through the philophone inhalers through the philophone inhalers.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the examination of suspect B by the prosecution (limited to the defendant A);

1. Each protocol of seizure and the list of seizure;

1. Each narcotics appraisal report and a gene appraisal report;

1. Records of the judgment: He/she shall apply a written inquiry into foreign crimes and investigative career data (one right 238 pages of investigation records), a report on investigation (Attachment of the same final judgment attached thereto), and a report on investigation (A confirmation of the current status of investigation records) by statutes;

1. Defendants of the relevant legal provisions and the choice of punishment regarding criminal facts: the control of narcotics, etc.

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