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(영문) 서울남부지방법원 2018.01.10 2017고단5169
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Seized evidence shall be confiscated from the accused.

Reasons

Punishment of the crime

On January 13, 2016, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Suwon method, etc., and on March 22, 2017, the Defendant was not a person who completed the execution of the sentence at the public prison on March 22, 2017.

1. Joint crimes with B;

A. On August 18, 2017, at around 22:00, the Defendant found B to have a single injection device containing approximately 0.07g of mert amba (one philopon; hereinafter referred to as “philopon”).

Accordingly, the defendant accepted B and philophones.

B. A around August 28, 2017: (a) received a promise from D to contact the Defendant to request a phiphone and seek a phiphone; (b) received KRW 500,000 as the purchase price for the phiphone in the vicinity of the E market in Seongbuk-gu, Sungnam-si, Sungnam-si, and received KRW 12:15 on the same day from the Defendant’s vehicle waiting in the E market near the E market at around 12:25 on the same day; (c) delivered KRW 50,00 to the Defendant’s vehicle waiting in the E market near the E market; and (d) 0.8gg of the phiphonephone contained in a vinyl paper. On the same day, at around 12:30 on the same day, I am back to the above E market near the said E market.

Accordingly, the defendant sold philophones through B.

2. The defendant's sole criminal conduct;

A. On October 17, 2017, at the Defendant’s residence located in Spocheon-si F, the Defendant administered a phiphone by inserting approximately 0.07g philopon in a single-use injection machine, melting a philopon into water, melting the philopon into the Defendant’s arms.

B. On October 17, 2017, around 14:47, the Defendant: (a) put up two plastic bags containing approximately 1.98g, 0.06g of plasticphone in the inner part of the PK7 car located in the G K7 car, and put about 1.21g of plasticphone into the outer part of the plastic machine; (b) put about 1.21g of plasticphone; and (c) put about 0.1g of plasticphone in the Defendant’s cell phone card display.

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