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(영문) 수원지방법원 성남지원 2017.08.16 2017고단869

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a foreigner of the nationality of the People's Republic of China who is staying in the Republic of Korea after acquiring the status of stay for visiting employment on February 23, 2015 (H-2).

1. On January 15, 2017, the Defendant: (a) delivered KRW 300,000 to E in cash on D’s street near Yeongdeungpo-gu Seoul Metropolitan Government, and purchased approximately KRW 0.5g g of Melopon (one philopon; hereinafter “philopon”).

2. On January 16, 2017, at the Defendant’s house located from 15:00 to 16:00, 103, the Defendant administered a philopon in a way that the Defendant scopon 0.5g of the philopon purchased, such as the foregoing paragraph 1, scopon 0.5g, and scopon as soon as possible, in a way that the scopon occurred by heating the said scopon with the scopter.

3. On January 17, 2017, at the home of the above defendant around 08:00 to 09:00, the defendant administered the remaining philophones in the same manner as the above 2 paragraph.

4. On February 10, 2017, the Defendant: (a) transferred KRW 400,000 from the bank account under the name of the Defendant to E’s corporate bank account using the cash withdrawal machine located in the convenience store of the said Defendant’s house; (b) around 23:59 on the same day, the Defendant purchased approximately KRW 0.25g of opphone from E in the street near the said Defendant’s house.

5. At around 00:30 on February 11, 2017, the Defendant administered approximately 0.25g of philophones purchased, such as the above 4, in the same manner as the above 2 paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police interrogation protocol regarding E;

1. Seizure records;

1. Certificates of deposit transactions;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to the calculation of an additional collection charge);

1. Relevant legal provisions of the Act on the Management of Narcotics, etc., and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc., and Selection of imprisonment with prison labor for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Confiscation.