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(영문) 서울중앙지방법원 2017.12.21 2017고단6960
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated the Mept Ampha (hereinafter referred to as “philopon”) of a local mental medicine as follows:

1. On October 24, 2016, at around 21:40, the Defendant administered phiphones in collaboration with C by dilution approximately 0.05g of philophones, together with C, at the residence of Gangnam-gu Seoul Metropolitan Government building 403, with C, and injection them into arms using a disposable injection device.

2. On November 20, 2016, at around 22:00 to 23:00, the Defendant administered phiphonephones in collaboration with C by the aforementioned method in the residence of the above C.

3. On November 29, 2016, at around 06:00 to 07:00, the Defendant, along with C and D, administered a phiphone in conjunction with C and D, using so-called “poste” method, in which the Defendant puts up a scopon (i.e., one scoponon, one time to 0.03-05 g) on the scopon on the scopon, puts the scopon into the scopon, and inhales it.

4. On February 5, 2017, at around 03:00, the Defendant decided to administer opphones with opphones purchased by C and G in the “F hotel” studio in Gangnam-gu Seoul, Seoul, and then, C and the Defendant administered opphones in collaboration with C and G by the “afterma” method under paragraph (3) in accordance with paragraph (1).

5. On February 6, 2017, the Defendant collected money with C on February 6, 2017, and conspired to purchase and administer phiphones, and remitted KRW 200,000 from the account under the name of the Defendant to the account under C for purchase of phiphones.

C transferred the total amount of KRW 500,000 to the account notified by the non-personal phone sales, and found 1g of the penphone which is placed inside the non-natural toilet in Gangnam-gu Seoul Metropolitan Government.

Accordingly, the Defendant conspired with C to purchase philophones.

6. On February 6, 2017, at around 06:10, the Defendant administered philophones in cooperation with C in the manner referred to in paragraph 1, with approximately 0.1g of the philophones purchased at the IS in Gangnam-gu Seoul Metropolitan Government H.

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