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(영문) 서울중앙지방법원 2016.01.08 2015고합1092

마약류관리에관한법률위반(향정)

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1. The defendant shall be punished by imprisonment for a period of two years and six months;

2.Provided, That the above sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.

Reasons

The defendant is not a narcotics handler.

1. The crime of handling Metepha (one philopon; hereinafter referred to as “philopon”) which is a medicine of a psychotropic spirit;

A. On September 22, 2015, the Defendant: (a) around 23:00, at the Defendant’s residence located in the Gangnam-gu Seoul Metropolitan Government D building 301; (b) opened approximately 0.5 grams of philophonephones contained in vinyl paper from E; and (c) transferred KRW 300,000 to the Defendant’s account in the name of the FC bank designated by E from the Defendant’s bank under the name of the Defendant at around 15:37, 2015.

Accordingly, the defendant purchased philophones.

B. On September 20, 2015, the Defendant, at around 23:00, posted approximately 0.16g of the phiphonephones purchased as above 1-A into a single-use injection machine, added them into the Defendant’s arms by dilution with biocom.

Accordingly, the Defendant conspired with E to administer philophones.

(c)

At around 04:00 on the day following the above paragraph 1-b above, the defendant had E take approximately 0.16g of the philopon purchased as the above paragraph 1-a, in a single-use injection machine, and dilution with bio-velopon, and have the defendant take injection in the defendant's arms.

Accordingly, the Defendant conspired with E to administer philophones.

(d)

At around 08:00 on the same day as the above paragraph (c) above, the defendant had E take approximately 0.16g of the philopon purchased as above 1's A in a single-use injection machine, dilution with bio-componing it into the defendant's arms.

Accordingly, the Defendant conspired with E to administer philophones.

E. On October 28, 2015, at around 19:00, the Defendant received 8 disposable clocks with approximately 0.03 grams from F (total 0.24g) in a single clocks with approximately 0.03 grams from F.

Accordingly, the defendant accepted philophones.

F. On October 28, 2015, the Defendant: (a) around 19:00, at the above Defendant’s residence; (b) on the penphones received from F, as described in the foregoing 1’s E, one of the phiphones received from F.