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(영문) 서울북부지방법원 2017.12.13 2017고단1807
마약류관리에관한법률위반(향정)등
Text

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant C shall be punished by imprisonment with prison labor of one year.

However, the defendant C is subject to objection.

Reasons

Punishment of the crime

Defendant

On July 17, 2014, A was sentenced to one year and four months of imprisonment with prison labor for a violation of the Narcotics Control Act at the Seoul Central District Court on July 17, 2015, and the execution of the sentence was terminated at the Chuncheon Prison on June 30, 2015. Defendant C was sentenced to two years of imprisonment with prison labor for the excavation of a grave at the Jung District Court on April 10, 2017, and the judgment became final and conclusive on April 18, 2017.

No person, other than a handler of narcotics of the 2017 Highestest 1807, may sell, possess, administer, or possess marijuana, a chropoper (one philopon; hereinafter referred to as “philopon”), which is a local mental medicine. The Defendants are not narcotics handlers.

1. Defendant A

A. On January 31, 2017, the Defendant traded a philopon by receiving KRW 350,000 from H at the Defendant’s residence near G elementary school located in Suwon-si F, Suwon-si, and sending a one philopon to a philopon, and allowing H to receive the philopon at the H’s residence located in Jung-gu, Seoul.

2) On February 3, 2017, the Defendant: (a) transferred KRW 600,000 from C to the Defendant’s residence near the above G elementary school via the above H; (b) sent 1.4g g gatephones in two parts of a disposable-use type; and (c) had H receive the gatephones from the said Seoul Middle-gu I’s residence and then sold the gatephones to C.

3) On April 17, 2017, at around 21:00, the Defendant kept approximately 5 gylphones in the Defendant’s home page at the main point of “K” located in Yeongdeungpo-gu Seoul Metropolitan Government J, and possessed a penphone.

4) On April 29, 2017, at around 13:00, the Defendant administered approximately 0.07g of philopon to coffee at the guest room located in Jung-gu Seoul Metropolitan Government L, approximately 606 Mophones.

B. Around April 29, 2017, the Defendant violated the Act on the Control of Narcotics, Etc. (ma) 606.

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