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(영문) 대구지방법원 2017.04.21 2016고합482
특정범죄가중처벌등에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

24,698,00 won shall be additionally collected from the defendant.

The amount equivalent to the above additional charges.

Reasons

On April 2, 2013, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Juvenile Protection Act (e.g., deceptive scheme) at the Seoul Central District Court on April 1, 2014, and the execution of the sentence was terminated at the Gesung Vocational Training Prison on April 1, 2014. On January 14, 2016, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Narcotics Control Act (feassiveness) at the Incheon District Court, and the judgment became final and conclusive on August 19, 2016.

Punishment of the crime

The defendant of "2016 Gohap 482" is not a person handling narcotics.

The Defendant conspiredd with D, etc. to sell the Meteptopop (one philopopon; hereinafter “philopon”) which is a local mental medicine, to E.

1. Around November 17:34, 2014, the Defendant received KRW 3.9 million from E to one bank account in the name of the Defendant’s friendship F, and on the same day, D et al. sent approximately 31g of opphones from Seoul to H in the number of express bus freight, and sold opphones by having E receive it.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

A. On November 8, 2014, the Defendant received KRW 7.8 million from E to the said Han Bank account, and on the same day, D et al. sent approximately 60 grams of opphones from Seoul I Station to J station, and sold opphones by having E receive it.

B. On November 25, 2014, the Defendant received a total of KRW 12,98,000 from E to the said one bank account, such as receiving KRW 7 million from E to the said one bank account, and on the same day, D et al. sent approximately 100 grams from Seoul to K from Seoul to the high-speed bus baggage, and sold the phiphone by requiring E to receive it.

"2017 Gohap 11"

3. The Defendant, around July 2, 2014, paid the victim money to the “M” store operated by the Victim L, which is located in the Cheongyang-gu, China, Chungcheongnam-gu.

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