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(영문) 수원지방법원 2014.10.30 2014노3177
마약류관리에관한법률위반(향정)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant: (a) while working in a factory at the factory at the time of the instant case; (b) purchased KRW 1.4 million at the Internet site of April 17, 2013 at KRW 1.50,000,000; (c) it was an amount equal to about 1/10 of the Defendant’s monthly income; and (d) the Defendant was aware of the fact that he was able to look at drugs, including the exemption from a doctor’s prescription, for about three years after entering the Republic of Korea in 2010; (c) when searching “stroke-m” on the Internet, anyone can easily be aware that psychotropic drugs are subject to doctor’s prescription; (d) while the Defendant stated that he was aware of psychotropic drugs from universities, two and three years after the date of the instant case; (e) on the ground that he was unable to think of exemption on the ground that he was stroked by a hospital or pharmacy; and (e) on the ground that it could not be understood through the judgment.

2. Determination

A. The Defendant is not a narcotics handler.

1) On April 17, 2013, the Defendant: (a) transferred KRW 150,00 to a name-free box (F) selling psychotropic drugs through an Internet site “E” at his/her own residence located D and 403, and purchased and sold psychotropic drugs after being issued 10,000,000 from 2-3 days to 10,000 after 2-3 days; and (b) the Defendant appears to have written the instant indictment “2012.”

4. From around June 10, 201 to around June 10, 201, the same purchase was made in the above residential area.

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