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(영문) 수원지방법원 2019.03.26 2018고단7277

마약류관리에관한법률위반(향정)등

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The defendant shall be punished by imprisonment with prison labor for not less than four months and with prison labor for not less than six months for the crimes of Articles 4 through 6 of the decision.

Reasons

Punishment of the crime

[Criminal Power] On August 30, 2018, the Defendant was sentenced to a suspended sentence of two years in the Seoul Central District Court on August 30, 2018 for a violation of the Act on the Control of Narcotics, Etc., and the sentence becomes final and conclusive on September 7, 2018.

【Criminal Facts】

Despite the fact that the Defendant is not a person handling narcotics, the Defendant dealt with the psychotropic drugs-related Mesofts (one philophone, hereinafter “philophones”) and marijuana as follows:

1. Trading and administration of philophones on August 12, 2018;

A. On August 11, 2018, at around 23:34, 2018, the Defendant, at the Defendant’s residence in Gwanak-gu, Seoul Special Metropolitan City, via the F account (Account Number: G) in the name of E designated by the seller of penphones (C.D.) at the Defendant’s residence, sold 700,000 won by account transfer. On August 12, 2018, the Defendant, at around 00:30, sold 1g of the penphone, which was concealed in advance by the winners of the above name in a house located at a non-place in Guro-gu, Guro-gu, Seoul Special Metropolitan City.

B. On August 12, 2018, at around 01:30, the Defendant, at the Defendant’s residence indicated in paragraph (a) of Article 1, put approximately 0.07g of philophone into a single-use injection machine, dilution with water, administered philophones by means of injection into the blood pipe.

2. Trading and administration of philophones on August 14, 2018.

A. On August 14, 2018, at around 21:47, the Defendant: (a) transferred the account of KRW 1 million to the F account in the name of the above E that was designated by the person who was unable to receive the above name at the Defendant’s residence; and (b) around 2:40 on the same day, the Defendant purchased and sold the penphone by means of searching approximately 1.5g of the penphonephone, which was concealed in advance by the person who was unable to receive the above name, while postal service at a house located in a place below Guro-gu Seoul Metropolitan Government, Guro-gu.

B. On August 14, 2018, at around 23:40, the Defendant, at around 23:40, injected 0.07g of philopon into a single-use injection machine at the Defendant’s residence, and injected philopon into the blood pipe after dilution with water.

3. Trading of philophones on or around August 20, 2018, and administration of philophones on or around the 21th day of the same month.

A. The Defendant on August 22, 2018