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(영문) 수원지방법원 2016.03.31 2015고단5218
마약류관리에관한법률위반(향정)
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A defendant shall be punished by imprisonment for not less than one year and six months.

1,730,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On February 21, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Seoul Northern District Court on February 21, 2012 and completed the execution of the said punishment on October 12, 2012.

Despite the fact that the Defendant is not a narcotics handler, the Defendant handled the Mept Apoptopy (one philopon; hereinafter “philopon”) which is a local mental medicine as follows:

1. Sale of phiphonephones to J;

A. On September 1, 2014, the Defendant: (a) opened 50,000 won from J in front of the building in Seo-gu Incheon, Seo-gu, Incheon; and (b) sold approximately 0.05g opphones to him.

B. On February 4, 2015, the Defendant: (a) around 19:00, around 19:20, around the first floor L convenience stores of the Seo-gu Incheon K Building, Seo-gu, Incheon, 100,000 won in cash from J, and sold a disposable injection device containing 0.3g of opononon, by means of receiving KRW 80,000,000 from the said J to the bank account of the Defendant’s name of the Republic of Korea; and (b) around 17:22 of the same month, from the said J to the bank account of the Defendant.

2. Provision and sale of phiphones to M;

A. On February 15, 2015, around 02:00, the Defendant provided a single-use injection device free of charge, which contains 0.1g of philopon to M, in front of the French N, Seo-gu, Incheon.

B. On February 17, 2015, around 21:00, the Defendant: (a) sold a disposable injection machine with cash of KRW 200,000 in cash from M in front of the Dong-dong post office opening the Guro-gu Seoul Metropolitan Government, and containing 0.6g of phiphones.

"2016 Highest 59"

3. Sale and provision of philophones to P;

A. On December 24, 2014, the Defendant received KRW 500,000 from P to the national bank account ( Q) in the name of P, and in return, purchased and sold a disposable injection machine with approximately one gram of 1 gramopon to P in the car of P stopping in the vicinity of the Seo-gu Incheon Metropolitan City around 25:20 of the same month.

B. The Defendant is from P on January 17, 2015.

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