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(영문) 전주지방법원 2016.03.16 2015고단1904

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

3,820,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The Defendant was sentenced to imprisonment on October 11, 2013 with labor for a violation of the Narcotics Control Act (fence) at the Incheon District Court on December 4, 2014, and completed the execution of the sentence at the port prison on December 4, 2014, and the Defendant is not a narcotics handler.

[Criminal facts]

1. On February 9, 2015, the Defendant received KRW 220,000 from E to the national bank account (G) account in the name of F designated by the Defendant at around 09:00 on the same day, and sold approximately 0.4 grams of Mebapop (one philopon; hereinafter referred to as “philopon”) which is a local mental medicine, to E, at the taxi stops in front of the D bus terminal located in Nam-gu Incheon Metropolitan City.

2. On March 31, 2015, the Defendant received KRW 1 million from E to the national bank account (I) in the H’s name managed by the Defendant at around 18:58 of the same day, and sold approximately KRW 2.4g of philopon to E, from March 31, 2015.

3. On April 30, 2015, the Defendant received KRW 1.3 million from E to the national bank account in the name of H around 18:40 on the same day, and sold approximately two grams of phiphonephones to E, around April 30, 2015.

[Criminal Facts] around 19:30 on June 14, 2015, the Defendant: (a) opened 1.3 million won in front of the N Hospital near the Nam-gu Incheon Metropolitan City, and opened O’s request to seek phiphonephones, which are a local mental medicine; (b) opened O on June 15, 2015; (c) opened 1.2 grams in the street near the Q Park located in the Nam-gu Incheon Metropolitan City P around 02:20 on June 15, 2015; (d) opened 1.6 grams in front of the RR located in the Nam-gu Incheon Metropolitan City P on June 10, 2015.

Accordingly, the Defendant purchased approximately KRW 2.8g of philophones from O in total at KRW 1.3 million.

Summary of Evidence

[2015 Highest 1904]

1. Statement of witness E in the fourth public trial protocol;

1. Each prosecutor's office against the defendant;