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(영문) 광주지방법원 목포지원 2018.08.10 2018고단447

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for six months.

290,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[criminal history] On May 11, 2016, the Defendant was sentenced to a two-year suspended sentence for a violation of the Narcotics Control Act in the Seoul Eastern District Court on two-year imprisonment for a violation of the Act on the Control of Narcotics, etc., and the judgment became final and conclusive on December 10, 2016, and is currently under suspended sentence. On April 7, 2017, the Defendant was sentenced to a six-month imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. at the Jung-gu District Court and completed the execution of the sentence on May 3, 2017.

[Criminal facts] The Defendant is not a narcotics handler, and the Metropha (one philophone) is a local mental medicine.

No person other than a narcotics handler shall possess, possess, use, transport, control, import, export, manufacture, prepare, administer, administer, deliver, receive, trade, arrange for trade of, or provide narcotics or psychotropic drugs.

On August 30, 2017, the Defendant has access to B cafeteria located at C around C, 2017, to the Internet site, and has pop-up access to C, which is a mobile phone, to purchase the merptians.

By searching “Internet Social Media (SNS) D’s statement that a person under whose name is “E” sells a Meptist, and then sent a message to the above person under his/her name to purchase the Meptist through D, and the above person under his/her name was sent money to the Defendant in F’s G bank account (H:).

On August 30, 2017, the Defendant transferred KRW 290,000 to G bank accounts in the above F, which was known by the winners of the above name in order to purchase 1g merptians, from G bank account in March 30, 2017. However, the Defendant failed to purchase the account by not sending the Defendant’s name to the Defendant, and failed to purchase the account.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of each police officer with regard to I;

1. A report on internal investigation (a notice posted by a person without his/her name) (a notice posted by a person without his/her name) and an investigation report (F. after August 24, 2017).