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(영문) 서울중앙지방법원 2015.08.13 2015고단3635

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

30,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, he handled psychotropic drugs-related Mepters (one philopon, hereinafter “philopon”) and marijuana as follows:

1. On April 9, 2014, the Defendant was transferred 2.5 million won to the account of the Konam Bank (Account Number: E) with the purchase price of a philopon upon D’s request to accept the philopon from D.

Accordingly, around April 10, 2014, the Defendant paid H a 2.5 million won amount of the purchase price for the instant phone in the vicinity of the area of the G resting place in the direction of the Southern Sea Highway, which is located in F, by means of setting off 2.5 million won under the trees, and if H finds about 1g of the instant phone, which is hidden under the event, at the J-city bus terminal located in GW I located in the Gyeongnam-west I, then put the instant sularphone into the paper bank, and then put it back to D by means of sending the bus baggage to the Southern Terminal in Seoul, by using bus baggage.

As such, the defendant (Hadong resident) arranged to trade philophones between D (Seoul resident) and H (B) and corrected part of the list of crimes ex officio to the extent that it does not interfere with the defendant's right of defense in the attached list of crimes.

From that time until March 8, 2015, D and H arranged to trade philophones over a total of 13 times between them.

2. On November 2013, the Defendant received marijuana by delivering approximately 50g of marijuana to D, within D’s vehicle parked on the road side located in the Ha-dong, Hanam-gun I, a police officer, and at least 50g of it.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each protocol of suspect examination of the police as to D;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Point of arranging transactions of phiphones: Determination of imprisonment with prison labor, as prescribed by Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Narcotics Control Act;

B. The point of giving and receiving marijuana: Article 61 of the Narcotics Control Act.