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(영문) 창원지방법원 통영지원 2019.10.23 2019고단470
마약류관리에관한법률위반(향정)
Text

Defendant

A Imprisonment with prison labor for two years, and for one year, for Defendant B.

Defendant

A Electronic storage, seized by A;

Reasons

Punishment of the crime

[Criminal Power] On June 8, 2017, Defendant A sentenced 10 months to imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Changwon District Court on the grounds of the violation of the Act on the Control of Narcotics, etc., and completed the execution of the sentence at the detention center on February 9, 2018.

Defendant

B On June 22, 2017, the Changwon District Court sentenced 1 year and 6 months of imprisonment with prison labor for violating the Act on the Control of Narcotics, Etc. (hereinafter referred to as the "Act on the Control of Narcotics, etc.") and completed the execution of the sentence in the military prison on July 3, 2018.

【Criminal Facts】

Defendants are not narcotics handlers.

[Defendant A]

1. On September 9, 2018, the Defendant: (a) sold Metephopopon (hereinafter “Metephopon”); (b) on September 22, 2018, around September 22, 2018, sold 0.12 g of phiopon, which is a psychotropic drug contained in D, in front of the Busan Jin-gu C apartment, Busan, to a single-time injection; and (c) sold meopon, for which one hundred thousand won is to be paid.

2. On October 18, 2018, the Defendant: (a) around 23:58 on October 18, 2018, 2018: (b) around 23:58, on the road of the F Association located near Kimhae-si, G, approximately 0.3g of a philopon contained in a one-time injection device; and (c) paid KRW 200,000 in return, sold philopon.

3. On April 19, 2019, on April 19, 2019, the Defendant: (a) sold phiphones from the I’s warehouse located in the Blue area of Kimhae-si and below H on April 19, 2019 to I for a single-use cronon; (b) sold 0.05g of phiphones to I for a single-use period; and (c) as a consideration, the Defendant sold phiphones to receive KRW 100,000.

4. On April 20, 2019, around April 20, 2019, around 21:15, the Defendant sold phiphonephones to B by putting approximately KRW 0.05g of phiphones in a one-time injection device in front of the K-dong of J Apartment-gun, Busan, J-gun, and selling phiphones to B in return, with the payment of KRW 100,000,000.

5. On April 30, 2019, the Defendant, along with L, issued L a purchase price of KRW 900,000,00 to L, and L was 5g of a penphone contained in a vinyl paper. In return, L was 5g of a penphone from M, and the Defendant paid for this.

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