마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for not less than one year and six months.
90,000 won shall be additionally collected from the defendant.
Punishment of the crime
[criminal records] The Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on November 26, 2015 and completed the execution of the sentence at the Ansan Prison on July 30, 2016 and five times the record of punishment for the same crime.
[Criminal facts] The Defendant is not a narcotics handler
1. Around March 31, 2017, the Defendant: (a) transferred KRW 800,000 to a bank account (E) in the name of ASEAN used by the Defendant from B on March 31, 2017; and (b) sold KRW 0.7g a philopon, which is a local mental medicine, to B, at around 14:40 on the same day, at the residence of B located in the F Building G in 14:40 on the same day.
[Defendant and defense counsel asserted that there was no sale of phiphones to B, as described in the facts charged, but B consistently received KRW 80,000 from H to this court from the prosecution investigation to the Defendant’s account, and consistently transferred the phiphones to the Defendant’s account, and the Defendant was issued a phiphones from the front of the witness located in the city.
It is difficult to understand that B made a false statement solely on the above grounds that B made a false statement with respect to a witness who has no interview when the witness is in prison. However, it is difficult to understand that B made a false statement with respect to purchase from the defendant.
The defendant and the defense counsel's aforementioned assertion is without merit, since the defendant and the defense counsel are proved without any reasonable doubt that they sold phiphonephones to B as stated in facts constituting an offense, in light of the following: who used 12 pages and B, and the J bank account details of the K bank account of the defendant and B correspond to the above statement; who made a telephone conversation on March 31, 2017 between the defendant and B at around 06:41, and the base station at the call of 06:41, the base station at Busan Metropolitan City and the 12:49, 14:02, and the base station at the call of 14:02, respectively.
2. The Defendant, from April 2, 2018 to around the 10th day of the same month, is Busan City.