However, for two years from the date this judgment became final and conclusive, the execution of the above sentence against Defendant 2 shall be suspended.

The amount of KRW 17,050,000 from Defendant 1 and KRW 160,000 from Defendant 2 shall be collected respectively.

Defendant 2 shall be put on probation and shall be ordered to take lectures for pharmacologic treatment for 80 hours.

1. [Attachment 2013 Highest 875]

A. Defendant 1

(1) On December 22, 2012, the Defendant traded approximately 3 g of psychotropic drugs from a person who was not a person handling narcotics (hereinafter the same shall apply), who was not a person handling narcotics (hereinafter the same shall apply), in the guest room in the Gangnam-gu Seoul Metropolitan Government Cheongdamdong (hereinafter the same shall apply), to 2.5 million won.

(2) On January 5, 2013, the Defendant, around 04:30, put approximately 0.08g of philophones sold as above in hotel 605, Gangnam-gu Seoul ( Address 1 omitted), into a single-use injection machine, and injected them into his arms by melting them into water.

(3) Around 03:00 on January 31, 2013, the Defendant administered a 0.08gopon in the above manner at the Seocho-gu Seoul Metropolitan Government ( Address 2 omitted) hotel 805, a philophone 0.08g.

(4) On February 1, 2013, around 08:45, the Defendant possessed approximately 1.74 ghonphones from Seocho-gu Seoul Metropolitan Government ( Address 2 omitted) hotel 805.

B. Defendant 2

(1) At around 16:00 on December 26, 2012, the Defendant, despite that he is not a person handling narcotics (hereinafter the same shall apply), had Nonindicted Party 1 put approximately 0.03g of philophone into a disposable injection machine at the residence of Nonindicted Party 1 in Jeju-do ( Address 3 omitted) and administered philophones in a way that he melts the Defendant’s arms with water and injects them into the Defendant’s arms.

(2) On January 5, 2013, at around 04:30, the Defendant administered chophones by having Defendant 1 injection approximately 0.03g of chophones on the Defendant’s arms by means of having Defendant 1 injection of approximately 0.03g of chophones in the above manner.

2. [Defendant 1]

Defendant 1 is not a person handling narcotics.

A. At around 17:00 on January 5, 2012, the Defendant 20, up to 17:00, 4 million won for Nonindicted Party 2 on the street in front of ○ elementary school in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, and received a single injection device that contains 1.5g of plastic bags and philophones, which include 10g of philophones, in the test color cook vehicle operated by Nonindicted Party 2, who was parked in front of ○ elementary school in Seongbuk-gu, Seongbuk-gu.

Accordingly, the defendant purchased and sold philophones.

B. On January 17, 2012, the Defendant decided to purchase KRW 10,00,000 from Nonindicted 2 to purchase KRW 4 million, and around 19:50 on January 17, 2012, the Defendant used the weather bank account in Nonindicted 3’s name and transferred KRW 4,00,000 to the weather bank account (Account Number omitted) in Nonindicted 2’s father, and then sent the phiphone to Nonindicted 2, and sent the phiphone to Kwikset service.

After that, Non-Indicted 2 stored a vinyl containing 10 grams in an empty cigarette, sealed it, and then requested Kwikset service article to deliver a document envelope. On January 17, 2012, the Defendant received 10 grams from Kwikset service article in front of a hotel with no knowledge of trade name in the Seocho-gu Seoul Mapo-gu, Seoul, and the Defendant received delivery of 10 grams from Kwikset service article.

Accordingly, the defendant purchased and sold philophones.

C. On March 23, 2012, at around 00:00 on March 23, 2012, the Defendant decided to purchase 10g of Nonindicted 2’s phiphones in KRW 4 million, and Nonindicted 2 was only on the street in front of the French-gu Seoul Newdong, Seoul.

On March 23, 2012, at around 00:34, the Defendant: (a) transferred 4 million won of the purchase price of philon to Nonindicted 2’s blood bank account in the name of Nonindicted 4 in the name of Nonindicted 2’s wife, using the Nong Bank account in the name of Nonindicted 5, and (b) received 13 of the disposable injection devices for which Nonindicted 2 divided 10g of philon into two parts.

Accordingly, the Defendant traded philophones.

D. On April 6, 2012, the Defendant decided to purchase 10 grams from Nonindicted 2 to 4 million won, and around April 23:32, 2012, the Defendant transferred the purchase price of 4 million gramphones to Nonindicted 2’s blood bank account in Nonindicted 4’s name (Account Number omitted) with Nonindicted 2’s blood bank account in the name of Nonindicted 4. At that time, the Defendant received 10g gramphones from Nonindicted 2 in the front of the △△△△ Hospital located in Gangnam-gu, Seoul Metropolitan Government.

Accordingly, the defendant purchased and sold philophones.

1. Defendants’ respective legal statements

1. Each protocol concerning the examination of suspect against Nonindicted 6 and 7 by the prosecution

1. Statement of the police statement on Nonindicted 8

1. Dogsung CCTV;

1. Each statement of narcotics appraisal (Evidence List 9, 10, 27, 28);

1. Records of seizure, photographs of evidence, and evidence and photographs;

1. Each investigation report (Evidence 36,39);

[2013 Highest 1686]

1. Defendant's legal statement;

1. The legal statement of Nonindicted 2

1. Each specification of transactions (Evidence List 5, 7);

1. A report on investigation (calculated additional charges);

【Unstegy Division - 2013 Highest 875 Investigation Records】

1. Residents' inquiry and criminal records;

1. Each investigation report (Evidence 31,32);

Articles 60(1)3, 4(1)1, and 2 subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (Law No. 932), Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc., and Selection of Imprisonment, respectively.

1. Handling concurrent crimes (Defendant 1);

The latter part of Article 37 of the Criminal Act [mutual crimes of Article 2-A and (b) at the time of sale; Provided, That Article 39(1) of the Criminal Act does not apply to the crimes for which judgment has become final and conclusive on September 20, 201, since the crimes in subparagraph 2-A and (b) of the judgment and the crimes in which judgment have become final and conclusive cannot be sentenced at the same time (the defendant is not subject to Article 39(1) of the Criminal Act, since he/she was sentenced to a suspended sentence of two years for a year of imprisonment at the Seoul Central District Court on September 20, 201 due to a violation of the Act on the Control of Narcotics, etc., and the said sentence has become final and conclusive on November 2

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Suspension of execution (Defendant 2);

Article 62(1) of the Criminal Act

1. Probation and order to attend the course (Defendant 2);

Article 62-2 of the Criminal Act

1. Additional collection:

The proviso of Article 67 of the Narcotics Control Act

○ Unfavorable Circumstances: The fact that the defendant has been punished several times for the same crime; in particular, even though he/she was sentenced to a punishment of two-year imprisonment with prison labor for a term of one year on September 201, he/she committed the crime under Article 2-A, 2-C, and d during the grace period, he/she committed each crime under Article 1-A, 2-C, and d even though he/she was sentenced to a imprisonment with prison labor for a term of two years on February 2012, the fact that he/she committed each crime under the suspended sentence for a term of two years on February 201, and the fact that the crime is inferior in light of the timing when

○ A favorable normal situation: Along with the reflection that it does not repeat the crime.

▣ 피고인 2

[Determination of Types] Medication, Simple Possession, etc. < Amended by Presidential Decree No. 2014, Feb. 2, 201>

[Special Sentencings] Mitigations: Self-denunciations

[Scope of Recommendation] Six months - One year and six months

- 6 months - 2 years

【Determination of Sentence】

○ Unfavorable Circumstances: Cumulatively repeating a crime in a short period.

The circumstances favorable to ○: The fact that the quantity and frequency of administered philophones are relatively insignificant; the Defendant voluntarily released to an investigative agency after having received physical or mental impulses after the administration of philophones; there is no criminal record exceeding the fine; there is no criminal record for the same kind of crime; and there is no criminal record; and the Defendant does not repeat again.

▣ 선고형의 결정

In addition, in consideration of all the sentencing factors indicated in the records of the instant case, such as the age, occupation, environment, character and conduct of the Defendants, the background, details and circumstances after the crime, etc., the sentence shall be determined and sentenced as ordered.

Judges Sok Byung-man