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(영문) 서울중앙지방법원 2017.01.19 2016고단7312
마약류관리에관한법률위반(향정)
Text

1. The defendant shall be punished by imprisonment for a period of two years and six months;

2. The seizure of articles 1 and 2 shall be confiscated;

2.3 million won from the defendant.

Reasons

Punishment of the crime

[criminal history] On February 6, 2015, the Defendant was sentenced to one year and four months of imprisonment for a violation of the Narcotics Control Act (compact) in the Sungnam Support by the Suwon Friwon, and completed the execution of the sentence on May 21, 2016.

[Criminal facts] Even if the Defendant is not a narcotics handler, he dealt with the Meteptopy (one philopon, hereinafter “philopon,”) which is a local mental medicine as follows.

1. On September 2016, the Defendant sold phiphonephones by acquiring approximately KRW 300,000 from C, while paying KRW 300,00,00,00 from the Sinju-si (Seoul), and selling phiphones.

2. On September 2016, 2016, the Defendant sold phiphonephones by receiving approximately KRW 300,000 from C and giving approximately one gram of philophones, in the vicinity of E located in Seongbuk-gu, Sungnam-si, Sungnam-si.

3. On October 4, 2016, the Defendant sold phiphonephones by receiving approximately KRW 1.6 million from C before the Defendant’s residence in Gwangju City, while receiving approximately KRW 1.6 million from C, and selling phiphones.

4. On October 4, 2016, the Defendant administered philophones by dilution approximately 0.05g philophones in the dwelling space above the Defendant’s residence, and by dilution them with water.

5. On October 5, 2016, the Defendant attempted to sell philophones by being paid KRW 1.6 million from G in front of Gwangju City, and attempted to dry philophones containing approximately KRW 9.5g of philophones, but the Defendant was arrested to the investigation agency and did not bring about that intent.

There was an attempted attempt.

6. On October 5, 2016, the Defendant, around October 5, 2016, placed approximately 4.82 galphones in plastic packaging in his/her own residence, and carried a phiphone.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning C’s statement of the police suspect interrogation protocol against the defendant

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police against C;

1. Each investigation report (the sequence 30,31,38 of the evidence list) and accompanying documents;

1. Each existing evidence referred to in subparagraphs 1 and 2 that has been seized;

1. The history of the offence in its ruling: a reply to inquiries, such as criminal history;

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