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(영문) 수원지방법원 2019.05.24 2018고단7268
마약류관리에관한법률위반(향정)
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and two months, and imprisonment with prison labor for a period of eight months.

Seized evidence 19, 19.

Reasons

Punishment of the crime

[criminal power] Defendant A was sentenced to one year and three months of imprisonment for a violation of the Act on the Control of Narcotics, etc. at the Incheon District Court on April 3, 2014, and on December 24, 2014, Defendant A had served three times of punishment for the same kind of crime.

Defendant

B On April 13, 2017, the District Court sentenced six months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (fence) and completed the execution of the sentence in the medical prison on July 28, 2017.

[2018 Highest 7268] Notwithstanding that the Defendants are not authorized to handle narcotics, the Defendants treated the psychotropic drugs, as follows: (a) Mesopha (one philophone; hereinafter “philophone”).

1. The Defendants’ co-principal

A. On November 28, 2018, the Defendants: (a) inserted the phiphone medication into two for a single-use injection machine at his/her own cirmotour on and around November 28, 2018; (b) added approximately 0.03g of phiphones into two for a single-use injection machine at his/her own cirmoto; and (c) injected into each of the blood banks.

Accordingly, the Defendants conspired to administer philophones.

B. On December 10, 2018, the Defendants, around 22:00 to 23:00 on December 10, 2018, 2018, put the phiphone medication into two for a single-time injection machine at the residence of the Defendants in Yongsan-gu Seoul, Yongsan-gu and the third floor, 0.03g of phiphones into two for a single-time injection machine, and Defendant A was injected into one’s bloodline, and continued to have been injected into the bloodline of Defendant B.

Accordingly, the Defendants conspired to administer philophones.

2. On November 28, 2018, Defendant A’s sole criminal defendant A (EID “F”), “G”, “G”, “H”, and “I”) agreed to collect and sell a sample of J (EID “K”, “L”, and approximately 1g of a penphone. On November 28, 2018, Defendant A received a phiphone in a way that J free of charge finds approximately 1g of a penphonephone, which is hidden in advance, from the end of the Gangnam-gu Seoul Metropolitan Government M M, around November 20, 2018.

[2019 Highest 1206] Notwithstanding that the Defendant is not a narcotics handler, the Defendant refers to the following psychotropic drugs:

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