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(영문) 서울중앙지방법원 2017.06.15 2017고합227
마약류관리에관한법률위반(향정)
Text

Defendant

A shall be punished by imprisonment with prison labor for three and a half years, and by imprisonment for four years.

Seized philophones 48.6g (Evidence No. 1).

Reasons

Punishment of the crime

[criminal records] Defendant A was sentenced to the suspended sentence for 8 months of imprisonment with prison labor by obstructing the performance of official duties in a deceptive scheme at the Suwon Friwon on November 17, 2015, and the said judgment became final and conclusive on November 25, 2015, and is currently under suspended sentence.

[Criminal facts]

1. The Defendants jointly committed the crime committed on February 2017: (a) purchased Menoptocule (one philopon; hereinafter “philopon”) which is a local mental medicine in Cambodia; and (b) enter the Republic of Korea by hiding it; (c) Defendant A bears various expenses, such as the purchase price of philopon; and (d) conspired with the seller of philopon to divide profits from selling philopon after selling philopon.

Defendant

A around February 13, 2017, at the time of Cambodia Spets, purchased approximately 50,000 bits ( approximately 1.8 million Korean Won) from Defendant B to Defendant B with the purchase price of philophones, and Defendant B purchased approximately 49.1g of philophone from a person whose name cannot be known, using the said money.

On February 14, 2017, around 03:00, the Defendants boarded the aircraft (G) belonging to F while hiding about approximately 49.1g of philopon purchased at a Cambodian M-affiliated airport as above at the end of Defendant B, and arrived at the Incheon International Airport around 09:00 on the same day.

As a result, the Defendants conspired to import philophones even if they are not the narcotics handler.

2. Defendant B is not a handler of narcotics.

A. On September 2016, the Defendant: (a) administered the Defendant, on September 1, 2016, in a manner of inserting approximately 0.01g of philopon into the glass pipe from the early 00:30 on September 1, 2016, in a manner of inhaleing smoke by inserting approximately 0.01g of philopon into the glass pipe.

B. On October 2016, the Defendant: (a) administered approximately 0.01g g of philopon from E stroops listed in paragraph (1) around early October 2016 to E stroops in the same manner as described in the foregoing paragraph (a).

(c)

On December 2, 2016, the Defendant committed a crime in the middle of December 2, 2016 at the E st heading, set forth in paragraph 1 of around 00:30 on December 2016.

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