30s Man Who Sold Anesthetic Induction Agent to Singer Wheesung Sentenced to Prison Again in Second Trial
[Asia Economy Reporter Lee Jung-yoon] The appellate court upheld the prison sentence for a man in his 30s who sold the anesthetic induction agent "Etomidate," known as the "second Propofol," to singer Wheesung (real name Choi Hweseong, 38).
According to the court on the 4th, the Seoul Eastern District Court Criminal Appeals Division 3 (Chief Judge Kim Chun-ho) dismissed the appeal on the 30th of last month in the appellate trial of Nam Mo (34), a Canadian national, who was indicted for violating the Pharmaceutical Affairs Act. The first trial court had previously sentenced Nam to one year in prison.
Nam's side appealed, arguing that the police's emergency arrest and search were illegal and that the first trial's sentence was too harsh. However, the court stated, "Considering the high possibility that accomplices or related parties are involved and the fact that the defendant is a foreigner, it appears that the police judged that if he was not immediately arrested, there was a risk of evidence destruction or flight," adding, "It does not appear that the police officer's judgment significantly lacked rationality based on practical experience."
Regarding the claim that the first trial's sentence was too harsh, the court said, "It cannot be considered unfair to the extent that it exceeds the reasonable range of discretion."
Regarding Nam's claim that the police illegally seized two mobile phones from the kitchen, not from his room as stated in the search warrant, the court explained, "The kitchen shares the spatial range with the place where the arrest took place and is considered a place under the defendant's control or management, so it is reasonable to view it as included within the scope of the arrest scene."
Nam is accused of purchasing Etomidate and selling dozens of bottles of Etomidate to Wheesung in the Songpa-gu and Gwangjin-gu areas of Seoul from March to April, receiving between 700,000 and 4.2 million won.
Meanwhile, the court also sentenced Park Mo (27), who manufactured and sold Etomidate to Nam, to two years in prison and a fine of 5 million won, the same as in the first trial. Park also appealed, claiming the sentence was too harsh, but the court did not accept this.
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Park is accused of purchasing additional raw materials to manufacture Etomidate and selling dozens of bottles to Nam. He is also charged with acquiring steroids and other pharmaceuticals for sale purposes despite not being a licensed pharmacy operator.
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