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(영문) 서울서부지방법원 2014.08.19 2013고단2851
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On January 3, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (mariju) at Seoul Southern District Court on January 3, 2013 and the judgment became final and conclusive on January 11, 2013.

Even if the Defendant was not a person handling narcotics, the Defendant sold the psychotropic drugs, such as a single psychotropic drugs, and received marijuana, as follows:

1. Around August 15, 2011, the Defendant: (a) opened 40,000 won of philopon from the Nong account (E) used by C in the name of the Defendant’s father F account; (b) received 3.50,000 won of philopon from C in the name of the Defendant’s father F account; and (c) purchased 0.4g of philopon in the name of the Gwanak-gu Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, after receiving 3.0,000 won of philopon from C.

2. On September 11, 201, the Defendant: (a) purchased 700,000 won from C by account transfer, such as the above 1.1; and (b) sold and purchased 0.7 grams from C in a car driven by G parked on the route near the Dobongcheon-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, in a car driven by G on the same day at around 23:00 on the same day.

3. On September 22, 2011, the Defendant: (a) purchased 300,000 won of philopon from C in the manner described in the foregoing 2. paragraph; (b) around 21:00 on the same day, the Defendant purchased and sold 0.4g of philopon in front of the Defendant’s residence located in Yangcheon-gu Seoul Metropolitan Government H, one-time flopon to C.

4. On November 21, 201, the Defendant: (a) purchased and sold 3.50,000 won of philopon from C in the manner described in the foregoing 2. paragraph; and (b) purchased and sold 0.4g of philopon in the G car parked in front of the Defendant’s dwelling at around 21:00 on the same day to C.

5. On December 5, 2011, the Defendant: (a) 3.50,000 won of philophones from C in the same manner as above 2.3; and (b) 21:00 on the same day, at the same place as above 4.4g of philophones contained in C in a disposable injection machine.

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