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1. The defendant shall be punished by imprisonment for a period of two years and six months;
2.Provided, That the above sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.
Reasons
The defendant is not a narcotics handler.
1. The crime of handling Metepha (one philopon; hereinafter referred to as “philopon”) which is a medicine of a psychotropic spirit;
A. On September 22, 2015, the Defendant: (a) around 23:00, at the Defendant’s residence located in the Gangnam-gu Seoul Metropolitan Government D building 301; (b) opened approximately 0.5 grams of philophonephones contained in vinyl paper from E; and (c) transferred KRW 300,000 to the Defendant’s account in the name of the FC bank designated by E from the Defendant’s bank under the name of the Defendant at around 15:37, 2015.
Accordingly, the defendant purchased philophones.
B. On September 20, 2015, the Defendant, at around 23:00, posted approximately 0.16g of the phiphonephones purchased as above 1-A into a single-use injection machine, added them into the Defendant’s arms by dilution with biocom.
Accordingly, the Defendant conspired with E to administer philophones.
(c)
At around 04:00 on the day following the above paragraph 1-b above, the defendant had E take approximately 0.16g of the philopon purchased as the above paragraph 1-a, in a single-use injection machine, and dilution with bio-velopon, and have the defendant take injection in the defendant's arms.
Accordingly, the Defendant conspired with E to administer philophones.
(d)
At around 08:00 on the same day as the above paragraph (c) above, the defendant had E take approximately 0.16g of the philopon purchased as above 1's A in a single-use injection machine, dilution with bio-componing it into the defendant's arms.
Accordingly, the Defendant conspired with E to administer philophones.
E. On October 28, 2015, at around 19:00, the Defendant received 8 disposable clocks with approximately 0.03 grams from F (total 0.24g) in a single clocks with approximately 0.03 grams from F.
Accordingly, the defendant accepted philophones.
F. On October 28, 2015, the Defendant: (a) around 19:00, at the above Defendant’s residence; (b) on the penphones received from F, as described in the foregoing 1’s E, one of the phiphones received from F.