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(영문) 광주지방법원 순천지원 2020.02.14 2019고단1215
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

400,000 won shall be additionally collected from the defendant.

The above additional charges are imposed on the defendant.

Reasons

Punishment of the crime

[Criminal Power] On May 19, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for the crime of violation of the Narcotics Control Act, etc. at the Seoul Central District Court, and completed the execution of the sentence in the Clean Female Prison on June 7, 2017.

【Criminal Facts】

Defendant is not a narcotics handler.

1. Around July 9, 2018, the Defendant sold Mepters (hereinafter “Handphones”) received KRW 150,000 won in cash from C to the bank account in the name of the Defendant at the “B” guest room in Songpa-gu Seoul Metropolitan Government, which was known through Internet hosting display, with approximately 0.4g of phiphones, and received KRW 50,000 in cash from C.

Accordingly, the Defendant sold psychotropic drugs philophones.

2. On December 2018, the Defendant: (a) had a person who was aware of the fact through Internet hosting display (i.e., one-day hereinafter referred to as “D”) in his/her trade secret room in Gangnam-gu, Seoul; (b) had a person who was aware of such fact in his/her trade secret room in Gangnam-gu; (c) had the person who was aware of such fact in his/her trade secret room in his/her arms in his/her arms; (d) had the person who was aware of the fact in his/her trade secret in his/her arms in his/her arms in his/her arms; and (d) had the person who was aware of the fact in his/her name in his/her arms and in his/her trade secret in his/her arms in his/her arms.

Accordingly, the Defendant administered psychotropic drugs in a total of twice.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement to C by the police;

1. A narcotics appraisal statement;

1. Details of currencies, customer information, details of account transactions, and details of entry and departure transactions;

1. A previous conviction in judgment: A written inquiry results and the application of Acts and subordinate statutes on personal accommodation;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) (the point of sale of phiphones) of Article 2 of the Act on the Control of Narcotics, Etc., and Article 60 (1) 2 and Article 4 of the Act on the Control of Narcotics, Etc., concerning criminal facts;

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