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(영문) 수원지방법원 2018.12.07 2018고단5572
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

4,500,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional charges.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant handled the Meteptop clopty (one philopopon; hereinafter “philopon”), which is a local mental medicine, as follows:

1. On May 25, 2018, the Defendant: (a) transferred the price of KRW 700,000 to the G bank account (Account Number: H) designated by this G bank account (hereinafter “E”); (b) around 04:25 on the following day, the Defendant purchased the penphone by means of finding approximately 1 g of the penphone, which the said B et al. concealed in advance from the J mainrogate column located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul; and (c) from that to July 30, 2018, the Defendant purchased approximately KRW 10,500,000,000,000 in total, for four instances, as shown in the list of crimes in the attached Table (1).

Accordingly, the defendant purchased and sold philophones respectively.

2. At around 05:00 on May 26, 2018, the Defendant administered approximately 0.24g of opononon in the dwelling of Seongdong-gu Seoul, Seongdong-gu, and the Defendant in L, with approximately 0.24g of opon on the copon to the ski. From that time to July 30, 2018, the Defendant administered approximately 0.96g of opon on the aggregate of oponon on four occasions, such as the copon list (2) in attached Form from that time to July 30, 2018.

Accordingly, the Defendant administered philophones, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the defendant, C, or B by the prosecution;

1. Report on investigation (report on the calculation of an additional collection charge);

1. Application of Acts and subordinate statutes of one copy of the notification of the contents of conversation and the results of legal evaluation (shot - both sides);

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of imprisonment for a definite term, and the selection of imprisonment for a definite term;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment [each penphone purchase] is set forth in the two types, such as trading and arranging for the trade of each penphone(s).

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