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(영문) 서울중앙지방법원 2017.02.23 2016고단7472
마약류관리에관한법률위반(향정)
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.

However, this judgment is delivered against Defendant A.

Reasons

Punishment of the crime

[Criminal Records] Defendant B was sentenced to one year of imprisonment for a violation of the Narcotics Control Act at the Seoul Central District Court on April 15, 2016, and the said judgment became final and conclusive on July 1, 2016.

[2] Although the Defendants were not the handler of narcotics, the Defendants treated the Mepter (one philopon; hereinafter “philopon”) as follows, which is a local mental medicine.

1. Joint crimes committed by the Defendants

A. On January 2016, the Defendants: (a) at the house of Defendant A located in the Gangnam-gu Building E, 1326; (b) Defendant B put the philophone in a single-use injection machine; (c) dilution with water; and (d) use philophones by means of injection with Defendant A’s arms; and (c) Defendant A administered philophones in the said manner and used philophones.

Accordingly, the Defendants jointly used philophones as above.

B. The Defendants: (a) around seven days after the date stated in the above paragraph 1-A, and (b) around seven days after the date stated in the above paragraph 1-A, Defendant B added the volume of philophone into a one-time injection machine; (c) dilution with water; and (d) used philophones by means of injection to Defendant A’s arms; and (c) Defendant A administered philophones by the aforementioned method and used philophones.

Accordingly, the Defendants jointly used philophones as above.

(c)

The Defendants, at the home of the above Defendant A around 3 to 4 days from the date stated in the above paragraph 1-B, and Defendant B, by inserting the philophone’s non-sopopon into a one-time injection machine, dilution with water, and using philoopon in a way of injecting Defendant A’s arms, and Defendant A administered phiopon and used it by administering the phiopon in the above way.

Accordingly, the Defendants jointly used philophones as above.

2. Defendant A

A. On February 23, 2016, the Defendant put the non-phones into a one-time injection machine at the Defendant’s house (No. 1326) around February 23, 2016 and dilution with water, and then sold.

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