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(영문) 서울동부지방법원 2018.08.09 2018고합173
마약류관리에관한법률위반(향정)
Text

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

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

Reasons

Criminal facts

A person who is not a narcotics handler shall not import, administer, or sell a local mental medicine, and the defendant is not a narcotics handler.

1. Around January 29, 2018, the Defendant administered Meenediene-methyl cancer medication by inserting it into an Internet-based Metho-Methotho-Methotha (hereinafter referred to as “MDMA”) provided by local women C, which became aware of the trade name in cock in the Thailand, around January 29, 2018.

As a result, the Defendant, not a narcotics handler, administered MMA, which is a local mental medicine, and around that time, from March 11, 2018 to March 11, 2018, administered a total of three times as indicated in the following crime sight table.

The method of committing an object of crime Nos. 133, 2018.1. 29, 2018.23. on February 23, 2018, 2018, MadMA 0.5, MadMA 0.5, MadMA 0.5, MadMA 0, MadMA 1, MadMA 31, 32018.3. 13.

2. On February 23, 2018, the Defendant sent 0.013BTC equivalent to 154,531 won to a seller of narcotics, etc. (ID “E”), who is not aware of the name known through smartphone fluor D, to the seller of narcotics, etc. (ID “E”), and on the same day, sent 0.013BTC equivalent to 154,531 won to the seller of narcotics, etc., who was located in Gangnam-gu Seoul on the same day. The Defendant found that the said seller of narcotics, etc. was placed in the back of the air, and concealed under the MDMA 1.

As a result, the Defendant purchased MMA, which is a local mental medicine, not a narcotics handler.

3. On March 1, 2018, the MMA import Defendant decided to purchase MMA from the seller of narcotics, etc. listed in paragraph (2) of the same Article, sent to him/her the MMA 0.025BTC equivalent to KRW 306,510 in Handi, a non-intercoin, and then entered in the indictment for 2018, but it is obvious that this is a clerical error.

3.7. Import by allowing the arrival of the most recent MDMA 10 as an international commerce item in the Incheon International Public Port.

The defendant is not a handler of narcotics.

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