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(영문) 서울중앙지방법원 2014.05.15 2013고단6519 (1)

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

4,430,500 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On February 9, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint conflict) at the Seoul Western District Court on February 9, 201, and completed the execution of the sentence on August 9, 2012.

[2013 Highest 6519] Even if the Defendant is not a person handling narcotics, the Defendant dealt with the Mesophacopic (tentatively named “philopon”; hereinafter “philopon”) as follows.

1. Joint criminal conduct with the defendant C or D;

A. At around 01:30 on August 7, 2013, the Defendant, along with C and D, laid off a philophone into the first floor of the 1st floor in Eunpyeong-gu Seoul Metropolitan Government, which was prepared in advance by the Defendant, and decided to administer the philophone with D.

Accordingly, D and the Defendant inserted approximately 0.03g of their own philophones into a single-use injection machine, and injected them into their arms in their arms.

In addition, C had D take approximately 0.03g of philophones into a single-use injection machine, and had D take it into the arms of the following C, but D did not find the blood transfusion, and caused the Defendant to take it into account.

Accordingly, the Defendant, in collusion with C or D, administered philophones.

B. The Defendant planned to purchase and dispose of phiphones through E along with C and D to divide sales proceeds by selling and disposing of phiphones. C has recruited to take charge of raising funds for the purchase of phiphones, the Defendant’s role in contact with E and sales of phiphones, and D to take charge of phiphones sales.

Therefore, the Defendant, along with C and D on August 13, 2013, requested “Dong-dong” located in the Dong-dong, Daegu-si, Daegu-si, as well as E, to seek for the Ma-dongphones, and C, by providing one’s own vehicle as security, 3,500,000 won, which he borrowed to E as the purchase price for the Ma-phones, and immediately delivered the above 3,50,000 won to EF, and the honphones in double-fluored form with a small plastic paper and a letter plastic bag received from F.