Violation of the Act on the Control of Narcotics (Psychotropic Substances)
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[Asia Economy Reporter Oh Gyumin] A group indicted for purchasing and selling drugs after failing to manufacture drugs using cold medicine was sentenced to imprisonment in the first trial.
The Criminal Division 11 of the Seoul Western District Court (Presiding Judge Moon Byungchan) announced on the 7th that it sentenced A (26), B (35), and C (35), who were charged with violating the Narcotics Control Act (psychotropic substances), to three years in prison.
The court stated, "The defendants attempted to manufacture methamphetamine themselves but failed, then purchased a significant amount of methamphetamine to possess and sell, thereby gaining financial profit," and added, "Drug crimes not only devastate an individual's body and mind but also pose a great risk to public health and social safety, thus requiring strict punishment."
However, the court explained the sentencing reasoning, saying, "The defendants acknowledge all criminal facts except for legally claiming impossibility attempt or impossibility crime and are remorseful," and "Fortunately, the methamphetamine manufacturing attempt failed due to the defendants' lack of technical skill."
They are senior and junior acquaintances in their neighborhood and are accused of attempting to manufacture, purchasing, and selling methamphetamine despite not being authorized handlers of narcotics. In May last year, they tried to learn methamphetamine manufacturing methods through internet searches and attempted to obtain raw materials using cold medicine but failed. They tried to manufacture methamphetamine by purchasing raw materials directly and using various experimental tools, but methamphetamine crystals did not form, resulting in an unsuccessful attempt.
According to the court, in June last year, they purchased about 500g of methamphetamine and sold about 1g of methamphetamine by receiving payment in cryptocurrency until July. It is also known that they stored 482.85g of methamphetamine at their residence and in their vehicle.
In the trial, the defendants' lawyer argued, "The defendants are ordinary people without chemical knowledge, and it is impossible to manufacture methamphetamine by the methods they attempted," and "The attempted manufacture of methamphetamine is an impossible crime or impossibility attempt under Article 27 of the Criminal Act, with no risk involved."
The court rejected this, stating, "It is reasonable to consider that it was not absolutely impossible for the defendants to manufacture methamphetamine and that the risk was recognized."
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