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(영문) 서울중앙지방법원 2018.11.14 2018고단5672

마약류관리에관한법률위반(향정)등

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1. Defendant A shall be punished by imprisonment with prison labor for one year;

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Despite the fact that the Defendants were not the narcotics handler, the Defendants treated the Metropha (one philophone; hereinafter “philophone”) which is a local mental medicine as follows:

1. Joint crimes committed by the Defendants

A. The Defendants agreed to purchase and administer philophones together, and Defendant A identified persons who sell philophones and Defendant B paid the purchase price of philophones.

The Defendants decided to purchase philophones from the sales books of philophones known to D, along with Defendant A’s personal seal, around 19:00 on March 4, 2018, Defendant B purchased 200,000 won for philophones to D, and D was 0.1g for philophones to the seller of philophones, and 0.1g for philophones.

Accordingly, the Defendants conspired with D and E to purchase phiphones.

B. From March 4, 2018 to 22:00 on the same day, the Defendants, along with D and E, moved F New EF Soon to the dwelling of Defendant B located in Gwanak-gu in Seoul Special Metropolitan City, in the vicinity of the Suwon Station where the game was located, from around 22:00 on March 4, 2018, the Defendants administered phiphones by means of raising the volume of the phiphones purchased, such as the foregoing paragraph (a), on the phiphones purchased, to the booming place, and then taking the bottom as soon as the postponement occurs.

Accordingly, the Defendants conspired with D and E to administer phiphones.

2. Defendant A

(a) No driver of any motor vehicle violating the Traffic Act shall drive any motor vehicle in a state that he/she is unlikely to drive the motor vehicle normally due to the influence of drugs, such as narcotics, marijuana, and native mental medicine, and other reasons;

Nevertheless, the defendant is in a difficult condition to drive normally due to the influence of philophones as described in the above 1-B, such as the above 1-B, but from March 4, 2018 to around 22:00 the same day.