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(영문) 수원지방법원 성남지원 2019.07.03 2019고단94

마약류관리에관한법률위반(향정)

Text

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

5670,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. Sale and purchase of a Metepopopon (one-name “philopon”; hereinafter referred to as “philopon”);

A. On April 14, 2018, around 17:50 on April 14, 2018, the Defendant: (a) received cash of KRW 1.2 million from D (the indictment of detention on August 22, 2018) in the vicinity of C in Gangseo-gu Seoul Metropolitan Government; and (b) traded 2.1g of Handphones to the said D.

B. On April 25, 2018, around 13:00 on April 25, 2018, the Defendant: (a) received KRW 1.5 million in cash from D from D on the floor of the F1,50,000 in Sungnam-si E, Sungnam-si; and (b) purchased and sold 5 g of phiphonephones to D.

C. On May 6, 2018, the facts charged by the Defendant around May 6, 2018 indicate that “23:30” is “the time to commit the crime,” but this appears to be a clerical error.

Around Gangseo-gu Seoul Metropolitan Government (Seoul) received KRW 1.1 million in cash from D in the neighboring street, and sold approximately KRW 2.1g of Handphones to D. D.

On May 18, 2018, the Defendant received KRW 700,000 from D in cash from D on the street in Gangseo-gu Seoul, Gangseo-gu, Seoul on May 18, 2018, and traded 1.4g of philopon to D.

E. Around May 21, 2018, the Defendant received KRW 350,00 from D in cash at a place where the place is unknown on May 21, 2018, and traded 1.4g of philopon to said D.

F. Around May 28, 2018, around 18:50 on May 28, 2018, the Defendant received KRW 700,000 in cash from D in the vicinity of C in Gangseo-gu Seoul, Gangseo-gu, Seoul, and traded 1.4g Handphones to said D.

2. On May 6, 2018, the Defendant received philophones from D, without compensation, about 0.35 g of philophones from the F neighboring street located in Sungnam-si E, Sungnam-si.

Summary of Evidence

1. Legal statement of witness D;

1. Protocol concerning the examination of suspects of D by the prosecution;

1. All copies of inquiries about details of transactions of admission into and withdrawal from G cooperatives (D);

1. Details of the entry into and departure from H cooperatives;