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(영문) 서울중앙지방법원 2018.03.29 2017고단8665
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated the Mept Ampha (hereinafter referred to as “philopon”) of a local mental medicine as follows:

The Defendant, along with D (the Republic of Korea, EID: 'F') and G, decided to sell phiphones in Korea. D is responsible for procuring phiphones and in contact with each receiver, and the Defendant and G, according to D's instructions, concealed phiphones by subdividing phiphones received from D and then delivered the photographs of the relevant place to D, the buyer would have the phiphones and sold phiphones in a way that the buyer would take the responsibility for collecting the sales proceeds and remitting them to D.

The Defendant, along with G on November 27, 2017, decided to sell total of KRW 145 g (300,000,000) total of KRW 15g (300,000,000), which is part of the said phiphones received from D on November 27, 2017, 30g (50,000), 30g (500,000), 30g (50,000), and 40g (8 million), to total of KRW 26 million.

G around November 29, 2017, around 16:00, in the distribution of the first floor of a house located in Cheongju-si, a considerable area of Cheongju-si, the G put approximately 15g gramopon into a white tape, and on November 29, 2017, around 17:00, in the distribution of the first floor of a house located in Cheongju-si, a reduction of approximately 30gopon into a white tape.

On November 29, 2017, the Defendant, at around 16:43, posted the first floor of a house located in the Cheongju-si, a considerable amount of Cheongju-si, and sought a cash of KRW 3 million between the above 1.5g, on the basis of the price for the 15g of the above philopon. However, the Defendant was arrested by the police officer of the Narcotics Investigation Department of the Seoul National Police Agency and did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of G to the prosecution;

1. Each protocol of seizure;

1. A written appraisal of each drug;

1. Application of each statute on photographs;

1. Article 60(3), Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(b) of the Act on the Selection and Management of Narcotics, Etc., concerning criminal facts, and Article 30 of the Criminal Act ( punished by imprisonment with prison labor);

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