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(영문) 서울서부지방법원 2016.08.18 2016고단1261
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

650,000 won shall be additionally collected from the defendant.

The above additional collection shall be made to the defendant.

Reasons

Punishment of the crime

[2] On May 19, 2010, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Act on the Regulation and Punishment of Speculative Acts, Etc. at the Incheon District Court, and was sentenced to a suspended sentence of eight months for a violation of the Narcotics Control Act at the Chuncheon District Court on July 7, 2011 during the grace period, and the said judgment became final and conclusive on March 15, 2012, and the said suspended sentence was invalidated. On August 9, 2012, the Defendant was sentenced to a suspended sentence of eight months for a violation of the Act on the Promotion of the Game Industry and completed the execution of the said sentence on December 26, 2013.

[Criminal facts] The Defendant is not a person handling narcotics, and thus, cannot receive, sell, use, or administer Mesophopics (the cophophones; hereinafter “copics”) which are local mental drugs.

1. On May 29, 2015, the Defendant: (a) around 03:00, on the eight-story apartment building located in Gangseo-gu Seoul Metropolitan Government, the eight-story apartment building, the residence of which is located in Gangseo-gu, Seoul; (b) opened one string (two strings for one-time use) with a penphone, such as the preceding paragraph, received from D; and (c) purchased and sold phiphones with cash of KRW 100,000.

2. On June 2, 2015, around 23:50 on June 2, 2015, the Defendant: (a) taken a one-time injection device (e.g., snow 5 partitions) in front of the subway “F Station”; (b) around the intersection of the subway “F Station” in Eunpyeong-gu Seoul Metropolitan Government, one of the instant G, containing a phiphones; and (c) paid 250,000 won in cash, and traded phiphones.

3. On June 3, 2015, the Defendant: (a) around the subway “I Station”; (b) around the subway station located in Seoyang-gu H, Seoyang-gu, Seoyang-gu; (c) purchased from the earth, as in the preceding paragraph, with a single philopon (e.g., snow 5 partitions); (d) purchased from the earth, with a single philopon; and (e) purchased a philopon, with a cash of KRW 2.50,000,000, with a payment therefor.

4. The Defendant, at the same time and place as referred to in the preceding paragraph, has been asked by J to directly injecting phiphones, has been dilution of his own phiphones with half-years in a single-use divers, containing one-half of them, and he has sold them.

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