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(영문) 서울서부지방법원 2020.09.17 2020고단1610 (2)
마약류관리에관한법률위반(향정)
Text

Imprisonment with prison labor for the crimes of Articles 1 through 11 of the judgment of the defendant, and for the crimes of Articles 12 through 17 of the judgment of the court below.

Reasons

Punishment of the crime

[Criminal Power] On February 20, 2018, the Defendant was sentenced to a suspended sentence of two years on October 28, 2018 by the Seoul Western District Court on the grounds of a violation of the Act on the Control of Narcotics, Etc., and the said judgment became final and conclusive on February 28, 2018.

【Criminal Facts】

Despite the fact that the Defendant is not a person handling narcotics, the Defendant attempted to purchase or administer psychotropic drugs-related psychotropic drugs-related Mesofts (i.e., a single philopon; hereinafter “philopon”), as follows:

1. On December 10, 2016, the Defendant, along with B, injected with B, into the blood body after inserting the non-diaphone volume of the penphone in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, into a single-use injection machine, and dilution with water.

Accordingly, the Defendant conspired with B to administer philophones.

2. On July 2017, the Defendant, along with E, injectedd approximately 0.1g of the philopon, with E in the manner described in paragraph (1).

Accordingly, the Defendant conspired with E to administer philophones.

3. On August 16, 2017, the Defendant: (a) around August 16, 2017, the Defendant decided to contact the seller of the penphones with him/her through the telegram and purchase the penphones; (b) around 22:04 on the same day, he/she remitted KRW 80,000 to the national bank account (Account Number: G) in the F name notified by the seller at around 22:04; and (c) around that time, he/she sought approximately one gram of the penphones, which was concealed in the lower part of the lower part of the salary, in a house of Gangnam-gu Seoul, where the said seller informed him/her of the fact.

Accordingly, the defendant purchased philophones.

4. On August 201, 2017, the Defendant, along with H, injected approximately 0.2 grams of philophones that the Defendant purchased as set forth in paragraph (3) at the mid- and long-term singular phone, in the manner as set forth in paragraph (1).

Accordingly, the Defendant conspired with H to administer philophones.

5. On August 2017, 2017 with I, the Defendant jointly commits a crime with I, along with I.

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