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(영문) 춘천지방법원 2018.08.31 2018고합53
마약류관리에관한법률위반(향정)등
Text

The punishment of the accused shall be five years of imprisonment.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal history] On November 1, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Seoul Central District Court on November 1, 2016 and completed the execution of the sentence on January 2, 2017.

[Criminal facts]

1. On January 15, 2018, the Defendant: (a) issued KRW 1.5 million in cash to B in front of the “T” road located in Songpa-gu Seoul Metropolitan City (hereinafter “T”); and (b) received approximately 10g of approximately 150,000 g of the Melopon, which is a local mental medicine, from B.

Accordingly, the defendant purchased a local mental medicine.

2. The Defendant and B decided to jointly purchase 130 g (Defendant 100g, B 30g) 22.1 million won (Defendant 17 million won, B 5.1 million won) with U residing in China, and the Defendant deposited 22.1 million won with B in W Bank located in the vicinity of the Gwanak-gu Seoul Special Metropolitan City V market around March 1, 2018.

B B around 00:00 to 02:00 on March 2, 2018, delivered 90 ghonphones concealed by U at any place located in Dobong-dong, Gwanak-gu, Seoul Special Metropolitan City and delivered 60 g of 90 ghonphones to the Defendant in front of the “Y Hospital” located in Gwanak-gu, Seoul Special Metropolitan City, and around 02:05 on the same day, delivered 40 g of 90 ghonphones concealed by U in the neighboring area, and delivered the remaining 40 gonphones to the Defendant through AB before the parking site of the “A hospital” located in the Z.

Accordingly, in collusion with B, the defendant purchased a local mental medicine with a value of at least 5 million won but less than 50 million won.

Summary of Evidence

1. Legal statement of the witness B;

1. Each investigation report (including attached data);

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 60(1)2, Article 4(1)1, and subparagraph 3(b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. (purchase of 10 gopphones and choice of imprisonment) concerning facts constituting an offense;

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