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(영문) 서울북부지방법원 2017.03.15 2016고단5115
마약류관리에관한법률위반(향정)
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 ten months.

From the Defendants, KRW 100,00.

Reasons

Punishment of the crime

Defendant A was sentenced to eight months of imprisonment for a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) at the Seoul Central District Court on May 28, 2013 and completed the execution of the sentence on August 26, 2013 at the Seoul Detention Center.

No person, other than narcotics handler, may receive or deliver Meptoptopy (one philopon, hereinafter referred to as “philopon”), which is a local mental medicine, and Defendant A is not a narcotics handler.

Defendant

A around 15:00 on August 14, 2016, around Ansan-si Etel 510 at the Defendant A’s residence, he provided approximately 0.03g of philophones contained in a single-use son to Defendant B and received philophones without compensation.

No person, other than a handler of narcotics of the 2016 Highest 5619, shall administer Metropha (one philopon; hereinafter referred to as “philopon”), which is a local mental medicine, and Defendant B is not a person who handles narcotics.

Defendant

B around 15:00 on August 14, 2016, at the residence of Defendant A, located in Ansan-si, a member-gu, A, in a manner of dilutioning Defendant A with water, approximately 0.03gh of philophones contained in the divers for a single-use divers, and administering philophones into Defendant B’s arms blood transfusion.

Summary of Evidence

"2016 Highest 5115"

1. Legal statement of the witness B;

1. A copy of the investigation report (a copy of telephone call details for the suspect and A-Carrying phone);

1. Previous convictions in judgment: Copies of inquiry records, such as criminal history, and criminal investigation reports (Confirmation of the expiration date of the term of punishment for a suspect) 2016 Heights 5619;

1. Defendant B’s legal statement

1. Application of written appraisal (B)-related Acts and subordinate statutes;

1. The Defendants: Articles 60(1)2 and 4(1)1 and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc.; and

1. A aggravated defendant for a repeated crime: Article 35 of the Criminal Act;

1. The Defendants: the proviso of Article 67 of the Narcotics Control Act; and

1. Defendants of the provisional payment order: Defendant A [the scope of the recommended punishment] for the reason for sentencing of Article 334(1) of the Criminal Procedure Act.

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