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A defendant shall be punished by imprisonment for three years.
Seized evidence shall be confiscated from the accused. Nos. 3, 8 through 10, 14, and 15 shall be confiscated.
Reasons
Punishment of the crime
[criminal history] On February 5, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Narcotics Control Act at the Busan District Court on February 11, 2017, and completed the execution of the sentence at the Tong-young detention center.
[2018 Highest 1344 Criminal facts] Notwithstanding the fact that the Defendant is not a narcotics handler, the Defendant treated the Mepter (one philopon; hereinafter “philopon”) of a local mental medicine as follows.
1. Sale and purchase of phiphones;
A. On April 23, 2017, the Defendant purchased 1.5 million won from D at the parking lot of the C Hospital located in Busan Shipping Daegu, Busan, and purchased and sold 100,000 squarephones.
B. On June 4, 2017, the Defendant purchased 1.2 million won from D at the above place and traded 100,000 Handphones.
2. On April 4, 2018, the Defendant administered philophones by inserting approximately 0.03g of philophones into a single-use injection instrument at the Defendant’s residence located in Busan Jin-gu EtelF, Busan, and diversizing them with water, and administering philophones into his arms.
3. On April 4, 2018, the Defendant possessed 27.02 g philophones at the above location around 19:30 on April 4, 2018.
[2018 Highest 2322] Notwithstanding that the Defendant is not a narcotics handler, the Defendant treated philophones as follows.
1. The Defendant: (a) heard the speech that H is seeking a philophone from G; (b) moved from G to H along with G to a philogram with H; and (c) intended to sell the philophone in his possession to H.
Accordingly, the Defendant and G moved around 03:00 on February 8, 2018 to “Jel” located in Sinpo City I, and the Defendant waiting for G in neighboring areas. G was driving his own vehicle, and G was able to take up KRW 1,00,000 as the price from H, and 1,00,000,000,000,000 won.
Accordingly, the defendant conspireds with G to sell philophones.
2. Handphones;