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(영문) 서울중앙지방법원 2012.08.23 2012고단2305
마약류관리에관한법률위반(향정)
Text

Defendant

A Imprisonment with prison labor for a year and six months, and Defendant B shall be punished by imprisonment for a year, respectively.

Defendant

In respect of B, this decision is delivered.

Reasons

Punishment of the crime

Defendant

On November 10, 2010, Seoul Southern District Court sentenced 2 years of suspended sentence to 8 months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. in Seoul Southern District Court on November 10, 201, which became final and conclusive on November 23, 2010 and is currently in the grace period.

The Defendants, who are not narcotics handlers, dealt with psychotropic drugs, so they cannot sell, receive, administer, or deliver psychotropic drugs chrophones (hereinafter referred to as “crophones”), notwithstanding the fact that they do not have to deal with them, they dealt with the following phiphones:

1. The Defendants’ co-principal

A. On July 17, 2011, the Defendants had the mind to administer phiphones with Defendant B, F, and G at the Geumcheon-gu Seoul Ecom, Geumcheon-gu, Seoul. Defendant B had the phone number of H, which is a phiphone seller, directed the Defendant A at the seat, and Defendant A had the phone number from H on July 17, 201, and purchased approximately KRW 0.03 grams from H around 8, 201, around 03:20,000,000,000,000,000 won, prior to the departure of the large forest area located in Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, Seoul.

At around 03:30 on July 17, 201, the Defendants: (a) excavated the hole at the entrance of plastic aquatic disease containing half of water; (b) sticked the hole in each hole; and (c) opened approximately 0.03g of the penphones purchased above on the ground of gambling; (d) opened the bottom thereof, passing through the water rapidly through the water, and inhaled through the other as soon as possible after passing through the water.

As a result, the Defendants conspired to purchase philophones and administered them in collusion with G or F.

나. 피고인 B은 2011. 7. 26. 저녁경 서울 영등포구 대림동에 대림역 12번 출구 인근에 있는 식당에서 피고인 A에게 ‘지난번에는 네가 샀으니, 이번에는 내가 사겠다’고 제의하고, 피고인 A은 이를 승낙하여 G, I와 함께 전항과 같이 필로폰을 투약하기로 마음먹었다.

Therefore, the defendants are in the vicinity of the above Eelel at 22:00 on the same day.

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