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(영문) 서울중앙지방법원 2015.12.10 2014고단10168
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

400,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On June 29, 2010, the Defendant was sentenced to one year and two months as a crime of violating the Act on the Control of Narcotics, Etc. at the Busan District Court on July 2, 201, and the execution of the sentence was terminated on July 2, 201. On November 13, 2015, the Suwon District Court sentenced the imprisonment of one year and three months as a crime of violating the Act on the Control of Narcotics, etc. (fence) and became final and conclusive on November 21, 2015.

1. At around 23:00 on the lower day of September 2013, the Defendant, along with G, put approximately 0.05g of Mepta (one philopon; hereinafter referred to as “philopon”) psychotropic drugs into two for a single-time injection machine, and injected them into each of the following one’s own arms.

Accordingly, the Defendant conspired with G to administer philophones.

2. The following day at around 01:00, H put about approximately 0.05 grams of philophones into two for a single-time injection machine, melting a deep water, and continuously injected H into his arms at the same place.

Accordingly, the Defendant conspired with H to administer philophones.

3. On October 2013, the Defendant put approximately 0.05g of philophones into two philophones for one-time use at the same place as G in the middle of the first half of the year, and injected them into each of the following one’s own arms.

Accordingly, the Defendant conspired with G to administer philophones.

4. On October 15, 2013, from around 15:00 to November 16:00 of the same month, the Defendant: (a) placed H in the guest room located in Gangnam-gu (J) in the hotel room of “J” in Gangnam-gu, Seoul; (b) placed approximately 0.1g of phiphonephones into two for a single-time use; (c) melting the Defendant’s arms; and (d) continuously injected H in one’s arms.

Accordingly, the Defendant conspired with H to administer philophones.

Summary of Evidence

1. Each legal statement of the witness H and G;

1. Each prosecutor's protocol of examination of the accused;

1. Each prosecutor's statement concerning G and H;

1. An appraisal report;

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