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(영문) 서울중앙지방법원 2016.03.11 2015고합1198
마약류관리에관한법률위반(향정)
Text

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

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

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, he handled the Metropha (one philophone, hereinafter referred to as “philophone”) which is a local mental medicine as follows:

1. To the extent that the facts charged in the indictment in writing do not disadvantage the defendant’s exercise of his/her right to defense, some amendments were made according to the facts obtained through the examination of evidence without the amendment process.

C From September 12, 2015 to September 14, 2015, from around September 12, 2015, the Defendant purchased chophones from China and requested the Defendant to bring them into the Republic of Korea, and the Defendant consented.

On September 17, 2015, the Defendant paid KRW 2,500 in China ( considerable to KRW 452,200 in the Republic of Korea) and purchased KRW 1g of phiphone, following the Defendant’s advice, entered the Republic of Korea on September 18, 2015, using the Chinese air aircraft at the Incheon International Airport Search Site through the Incheon International Airport Search Site and delivered the said 1g phiphone to C, in collusion with C.

2. Upon receipt of a request from C to request writingphones, the Defendant: (a) paid KRW 1,400,000 from E’s home located in Yeongdeungpo-gu Seoul Metropolitan Government (Seoul) to the nameless person; (b) around 19:00 on September 25, 2015, the Defendant paid KRW 1,40,000 to the nameless person; and (c) around 24:00 on the same day, at the G hotel’s home located in the Dongjak-gu Seoul Metropolitan Government F, G hotel located in the nameless person from the nameless person.

Accordingly, the Defendant conspired with C to purchase philophones.

3. On September 18, 2015, the Defendant of philophone medication: (a) put in “I” telephone located in Gangdong-gu Seoul Metropolitan Government H; (b) put in two philophones, together with C, about 0.03 grophones; (c) cause C to take one-time injection into the Defendant’s arms blood cells; and (d) C is accompanied by C over three occasions in total, as indicated in the list of crimes, including one-time injection into his arms.

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