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(영문) 서울중앙지방법원 2013.07.04 2013고단2599

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 2, 2007, the Defendant was sentenced to a fine of KRW 3 million as a crime of violation of the Act on the Control of Narcotics, etc. at the Seoul Eastern District Court.

Criminal facts

Notwithstanding the fact that the Defendant was unable to administer the psychotropic drugs such as the medication of the Megatocule (hereinafter referred to as the “ponphone”), the Defendant dealt with the following Megaphones:

1. At around 03:30 to 06:00 on June 15, 2012, the Defendant: (a) administered DNA-phones in Gangnam-gu Seoul, with E; (b) divided approximately 0.1g of philophones in front of E into two for a single-time injection instrument; (c) divided one for a single-time injection instrument into two parts; and (d) divided one for a single-use injection instrument into one for a single-use, and injected into one for one’s own arms.

Accordingly, the Defendant conspired with E to administer philophones.

2. At around 01:00 to 06:00 on July 15, 2012, the Defendant injected approximately 0.05 gramopon to his arms in the “G hotel” located in Gangdong-gu Seoul Metropolitan Government F, together with E, in the same manner as that of the foregoing paragraph (1).

Accordingly, the Defendant conspired with E to administer philophones.

3. At around 03:00 to 11:00 on July 25, 2012, the Defendant injected approximately 0.05 grams of each of the instant “G hotel” with E, together with E, into his/her arms in the same manner as that of the foregoing paragraph (1).

Accordingly, the Defendant conspired with E to administer philophones.

4. Around 05:00 to 18:00 on August 4, 2012, the Defendant injected approximately 0.05 g of their own philopon to their arms in the “G hotel”, together with E, in the same manner as that of the foregoing paragraph (1).

Accordingly, the Defendant conspired with E to administer philophones.

5. On August 4, 2012, the Defendant received money from the “G hotel” above on August 4, 2012, without receiving money by inserting philophones into a disposable injection machine used by E as set forth in the foregoing paragraph 4.

Accordingly, the defendant accepted philophones.

6. The Defendant around 02:00 to 03:00 on August 5, 2012, Seocho-gu Seoul.