beta
(영문) 수원지방법원 여주지원 2017.11.08 2017고단1225

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than two months.

2,250,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[criminal records] On July 1, 2016, the Defendant was sentenced to one year of imprisonment, three years of suspended execution, and the judgment was finalized on July 9, 2016. On December 22, 2016, the Seoul Central District Court sentenced to six months of imprisonment and two years of suspended execution, and became final and conclusive on December 30, 2016.

In addition, on May 25, 2017, the Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Narcotics Control Act at the Suwon District Court’s Pyeongtaek District Court’s Pyeongtaek District Court’s House for the violation of the Act on the Control of Narcotics, etc. on October 19, 2017.

[2] On October 2015, the Defendant: (a) received a request from B to deliver camba (one gramphone) to C; and (b) responded to such request; (c) around October 24, 2015, the Defendant received approximately 4.72g of philopon around 19:00 from E fishing place adjacent to the E fishing place located in Silung-si, Silung-si, and received KRW 2.50,00.

Accordingly, the defendant accepted philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. Copies of each police statement made to F and C;

1. A report on investigation (related to the calculation of an additional collection charge);

1. A report on criminal intelligence;

1. Previous convictions in judgment: Application of crimes committed by foreigners, criminal investigation experience records, investigation reports (verification of records of punishment, etc. of the same kind), and general contents of cases of the Supreme Court (Binding of records of public trial);

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. for Criminal Facts (or selection of imprisonment with prison labor);

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. It shall be sentenced to the same sentence as the disposition in full view of the unfavorable circumstances, such as the circumstance, etc. in which the amount of the emails handled by the defendant for the reason of sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. was not significant, and the circumstances, etc. favorable to which the judgment of this case was rendered concurrently