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(영문) 서울중앙지방법원 2018.01.25 2017고단8623
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a person dealing with Chinese nationality, the Defendant dealt with the Megacule, which is a local mental medicine (hereinafter referred to as “philophone”), as follows:

1. Sale and purchase of phiphones;

A. On October 26, 2017, the Defendant ordered 0.2g of philopon to the sales of philopon, using a philopon C around 20:09, and transferred KRW 400,000 to the KEB bank account designated by the above non-name, and on October 27, 2017, the Defendant purchased a philopon by finding approximately 0.2g of philopon, which was concealed by the above non-named person in the vicinity of Geumcheon-gu Seoul Metropolitan Government D, around October 27, 2017.

B. On October 30, 2017, the Defendant: (a) transferred KRW 400,000 to a new bank account designated by the said person without his/her name; (b) purchased a philopon in a manner of finding approximately 0.2g of a philopon from the neighboring area of Guro-gu Seoul, Seoul, around 20:00 on the same day; and (c) purchased a philopon.

2. Medication of phiphones.

A. On October 28, 2017, from around 17:00 to around 05:00 on October 29, 2017, the Defendant administered a phiphone in a way that the Defendant saw the philophone purchased from the trade name in Bupyeong-gu Incheon Metropolitan City off to the gambling place as referred to in paragraph 1-a, put the philophone on the rophone purchased from the non-furine guest room located in the Bupyeong-gu, Incheon, into the rogate, heated the steam into the rogate, and then filled the steam as soon as possible.

B. On November 20, 2017, from around 06:00 to around 11:00 on the same day, the Defendant administered philophones purchased as referred to in subparagraphs 202 to 1-B in Gwanak-gu in Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Records of seizure (Evidence No. 31), list of seizure (Evidence No. 32), seized articles and photographs of the place of seizure (Evidence No. 33);

1. The investigation report and attached photo (at least No. 19-20 of the evidence list), CCTV photographs attached to the investigation report and the CCTV photograph (at least No. 27-28 of the evidence list), the investigation report and attached A mobile phone photographs (C.).

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