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(영문) 광주지방법원 2018.10.18 2018고단1693
마약류관리에관한법률위반(향정)등
Text

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

A public prosecutor who has confiscated evidence Nos. 1 and 6 shall obtain evidence No. 2 through 5.

Reasons

Punishment of the crime

[Majority-related relationship] On July 22, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act in the Hongsung Branch of the Daejeon District Court for the crime of violation of the Act on the Control of Narcotics, etc., and completed the execution of the said punishment on February 28, 2017.

[Criminal facts] Even if the Defendant is not a narcotics handler, he dealt with the Metropha (culphopon; hereinafter “philoopon”) which is a local mental medicine as follows.

[2018 Highest 1693]

1. On September 15, 2017, the Defendant sold philophonephones, at the home of the Defendant’s apartment B apartment of Daegu-gu apartment C, Daegu-gu, and sold D approximately KRW 170,000,00 from D, and 10,000,000 philophones to D.

2. The Defendant sent Handphones to E on behalf of the Defendant, instead of having time to send Handphones to door-to-door to sell Handphones from E.

On December 11, 2017, upon request, approximately 4g of philophones were dryed by E.

On December 12, 2017, at H located in Daegu-gu, Daegu-gu, the Defendant sent approximately KRW 4g of philopon to F using express bus f, and F received the said philopon from J located in I around 19:40 on the same day.

Accordingly, the defendant assisted the trade of philophones between E and F.

3. On December 1, 2017, the Defendant possessed approximately five g of philophones contained in vinyl wings located in Lelon K in Daegu-gu, Daegu-gu, Daegu-gu.

4. Medication of phiphones.

A. On December 1, 2017, the Defendant: (a) injected approximately 0.2g of philopon into a single-use injection machine at Lelel located in Daegu-gu, Daegu-gu, Daegu-gu; (b) melting them into water; and (c) injected them into arms.

B. On April 18, 2018, the Defendant: (a) injected approximately 0.03g of philopon into a single-use injection machine in the NAM in Daegu-gu, Daegu-gu; and (b) injected into the arms after melting them with water.

5. Delivery of Handphones;

A. On Nov. 4, 2017, the Defendant: (a) on Nov. 4, 2017, to E in the instant vehicle in the name of E parked in Lelburine in Daegu-gu, Seogu, Daegu-gu.

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