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(영문) 서울남부지방법원 2016.11.02 2016고단1805
마약류관리에관한법률위반(향정)
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and two months, and by imprisonment with prison labor for a period of ten months.

Defendant

A 400,000 won;

Reasons

Punishment of the crime

Defendant

On February 19, 2014, A was sentenced to imprisonment of one year and four months with prison labor for a violation of the Act on the Control of Narcotics, Etc. at Seoul Northern District Court on December 27, 2014, and the execution of the sentence was terminated on December 27, 2014. Defendant B was sentenced to three years of imprisonment with prison labor for habitual special larceny, etc. at the Seoul Southern District Court on December 29, 2015, and the judgment became final and conclusive on April 22, 2016.

Despite the fact that the Defendants were not narcotics handlers, the Defendants handled Metropopics (one philophone, hereinafter referred to as “philophones”) as follows.

1. Defendant A

A. On April 2015, the Defendant provided police officers, at first of the entrance of the F in Geumcheon-gu Seoul, B with approximately 0.23 grams of philophones, free of charge.

B. On April 25, 2016, at around 16:00, the Defendant administered approximately 0.1g of philopon in the H fourth floor smoking room G in G in a manner of drinking in a beer with a roop.

2. Defendant B

A. On April 2015, 2015, the Defendant received delivery, without compensation, from A of a disposable injection machine containing approximately 0.23g of oponon at the entrance of the F in Geumcheon-gu Seoul, Geumcheon-gu.

B. On April 2015, the Defendant: (a) injected approximately 0.07 grams in a single-use injection machine at the Defendant’s residence in Yeongdeungpo-gu Seoul Metropolitan Government 203 International Building 203; and (b) injected in a way of injecting in the arms after dilution with raw water.

C. On May 2015, the Defendant injected approximately 0.07 grams of philophones in a single-use 203 of the said I building, dilution with raw water, and injected them into arms. D.

On May 2015, the Defendant, at least one week after the date referred to in the preceding paragraph, administered approximately 0.07 grams in a single-use 203gopon in a single-use injection machine, dilution with raw water, and injection into arms.

Summary of Evidence

【Each Facts of No. 1 at the Time of Sales】

1. The defendant A's partial statement

1. Legal statement of the witness B;

1. Protocol concerning the examination of suspect B by the prosecution;

1. Report on the preliminary test of narcotics;

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