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(영문) 서울서부지방법원 2018.08.30 2018고단1825
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

6,640,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On October 27, 2016, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Seoul Western District Court on October 27, 2016 and completed the execution of the sentence at the Seoul Southern Prison on December 19, 2016.

Despite the fact that the Defendant is not a narcotics handler, he dealt with the Metepha (one philopon; hereinafter “philopon”) which is a local mental medicine as follows:

1. Sale and purchase of phiphones;

A. On March 2, 2018, between around 13:00 and 14:00, the Defendant: (a) requested C (40) (3) (3) known at the time of the reduction of the Seoul Southern-gu Incheon Southern-gu Office’s prison in front of his/her residence, and purchased a 1.6 million won in cash with the purchase price; (b) purchased approximately three gramphones from C in his/her residence at around 07:00 to 09:00 on the following day; and (c) purchased a gramphone at one’s residence on the second floor.

B. On March 2018, the Defendant: (a) purchased cash 1,50,000 won from C at the guest room in Busan Dong-gu, Busan; (b) purchased 3 gramphones from C at the guest room in the aforesaid “E” between around 23:50 and 00:30 on the same day.

(c)

On March 10, 2018, the Defendant: (a) promised to purchase approximately five gramphones from F (60 tax) around 20:00; (b) deposited KRW 1.6,50,000 into G bank accounts designated by F; and (c) received approximately 0.35 gramphones from F in front of public toilets near Seoul, around 24:00 on the same day.

(d)

On April 14, 2018, the Defendant promised to purchase a penphone from I (46 tax) to I (46 tax) and deposited KRW 900,000 in cash from the J bank account designated by I to the J bank account, and deposit the day from 20:13 to 21:05, in the vicinity of the L Station (human line) located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon (1.00).

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