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(영문) 서울중앙지방법원 2017.12.21 2017고단7054
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for four 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

【Criminal Records of Crimes】 On September 22, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. at the Seoul Central District Court on October, 201, and the said judgment became final and conclusive on September 30, 2017.

[Criminal Facts]

1. Sale and purchase of phiphones;

A. On March 21, 2017, the Defendant: (a) purchased Mefacule, a local mental medicine, from F, a daily day for the sale of narcotics, etc. using DID “E”; (b) deposited KRW 200,000 into the community credit cooperative account in the name of Gangnam-gu Seoul, Seoul; (c) deposited KRW 200,000 from ATM machine to the community credit cooperative account in the name of I; (d) around 02:00 on the same day, around 02:0, the neighboring house in the J Station in Songpa-gu Seoul, Seoul, brought about approximately 0.2 g of a cellphone, which was loaded as a vinyl into the outside pipe of the original room, and purchased the phifacul.

B. On March 27, 2017, around 03:34, the Defendant deposited 70,000 won of the above account from the ATM machine to the above account, and around 04:00 on the same day, the Defendant purchased 1g of the penphonephones, which had been reduced to the outside pipe pipe of the air-conditioning room in Dongjak-gu Seoul Metropolitan Government.

2. Medication of phiphones.

A. At around 05:00 on March 27, 2017, the Defendant administered Maurits and philophones by mixing approximately 0.25g of the philophones purchased, as described in paragraph 1-B, at the luxur room near the station of Dongjak-gu Seoul Metropolitan Government, with water.

B. On April 17, 2017, at around 22:00, the Defendant administered approximately 0.25g opon-phones at the sloping room near Seongdong-gu Seoul, Seongdong-gu, in the foregoing manner.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects by each prosecutor with respect to F;

1. Details of transactions with the I Account;

1. Details of transactions from the transfer of ATM attached to the investigation report and attached ATM (3 times the No. 12-13 of evidence list);

1. Details of transactions from remittance to ATM (No. 15 No. 15 of the evidence list);

1. Written statement of the prosecution and the prosecutor’s seal;

1. A report on investigation and CCTV photographs attached thereto (34-25 times the list of evidence);

1. Investigation report (No. 27 No. 5 of the evidence list);

1. A narcotics appraisal statement (No. 28 No. 1) 1.

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