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(영문) 서울북부지방법원 2018.06.15 2017고단5038
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight 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

On May 2017, the Defendant, who is not a narcotics handler, was asked to purchase Memphographs (one philopon; hereinafter “philopon”) which is a local mental medicine medicine with C, after receiving a proposal from C to “Aropic Memopon,” which is called “Aropic Memopon,” from C.

1. On May 22, 2017, the Defendant and C, at Gangnam-gu Seoul Metropolitan Government D, remitted the name of the Defendant to a person whose name is unknown (EIDF) (EIDF) KRW 400,000,00 in the name of the philopon price to this account used, and C received a white letter bag containing approximately 0.5g of the philopon in the outside machine of Gangnam-gu Seoul G air conditioner.

2. On June 10, 2017, the Defendant: (a) transferred KRW 400,000,000, in the name of the philopon payment to the account used in the Gangnam-gu Seoul Metropolitan Government (EID “F”); (b) received a white letter bag containing a philopon from an air conditioner outside the air conditioner room located in the place of not more than Gangnam-gu Seoul, Seoul, and then sent the philopon to C, received as above.

3. On June 17, 2017, the Defendant: (a) transferred KRW 400,000,000, in the name of the philopon to the account used in the Gangnam-gu Seoul Metropolitan Government (EDF) account; (b) received a white letter bag containing a disposable injection containing approximately 0.5g of philopon from the outside machine of Gangnam-gu Seoul Metropolitan Government, and then divided the said philopon into C.

Accordingly, the Defendant conspiredd with C to sell and sell a local mental medicine over three occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect with regard to C;

1. Application of a copy of an abstract of monthly trend of narcotics;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act concerning facts constituting an offense, and Article 60 (1) 3, Article 4 (1) 3, and Article 2 of the Act on the Management of Narcotics, Etc., which are the choice of punishment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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