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(영문) 제주지방법원 2018.04.06 2017고단3259
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal records] On November 18, 2016, the Defendant was sentenced to ten months of imprisonment and two years of suspended execution (120 hours of protection observation and community service order, additional collection of 825,000 won) at the Jeju District Court, and the judgment was finalized on November 26, 2016.

[2] Although the Defendant is not a narcotics handler, the Defendant handled the Mepter (one philopon; hereinafter “philopon”) which is a local mental medicine as follows.

1. B arranged to sell and purchase philophones was requested to purchase philophones from B to a mobile phone in the B’s B’s B’s on June 2016, and accepted it, and was remitted KRW 300,000 as the purchase price for philophones.

At around 17:00 on June 13, 2016, the Defendant received a request from B to the effect that “Whophones are laid off and contacted in D public toilets” with cell phones from B, and received approximately 0.7 grams of philophones contained in plastic bags by an infinite method, and sent them to B with a photographic phone taken on June 14, 2016, after receiving a 0.7 grams of philophones contained in plastic bags by an infinite method.

C brought the above philopon from the above public toilets on the same day.

Accordingly, the defendant assisted the trade of philophones between B and C.

2. On July 19, 2016, the Defendant received approximately 0.5g gramphones contained in a letter bag from B at the front of H located in Yeongdeungpo-gu Seoul Metropolitan Government G on July 19, 2016.

Accordingly, the defendant accepted philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect B or C by the police;

1. Two copies of output as a result of the next guidance and search; and

1. A report on investigation (Report on the calculation of a surcharge), the Supreme Prosecutors' Office, and narcotics and publication; September 2017; one copy of an extracting part of the transaction price of narcotics from among monthly trends of narcotics;

1. Previous convictions in the judgment: (A) of a reply to inquiries, such as criminal history, and a copy of the judgment (No. 2016 High Court Order 1969).

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