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(영문) 의정부지방법원 2018.04.26 2017고단2975

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

1,000,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The Defendant, who is not a person handling narcotics, is not a person handling narcotics, is prohibited from dealing with clocks (one philopopon; hereinafter referred to as “philopon”).

1. On September 20, 2016, the Defendant received 300,000 won in cash from D at the G apartment parking lot in Yangju-si, and sold 0.5g philopon to him.

2. On September 29, 2016, the Defendant received 350,000 won in cash from D at the lower parking lot, and sold 0.5g philopon to him.

3. On October 21, 2016, the Defendant received 350,000 won in cash from D at a farm located in Yangju-si, Yang Sung-si, and sold 0.5g philophones to him.

Summary of Evidence

1. Legal statements made by witnesses D (Recognition of credibility in light of the details, degree of attitude of statements, relationship with the defendant, details of mobile phone calls, etc.);

1. Investigative report (Attachment of D currency details), D currency details (LGU transmission, station transmission);

1. Investigation report (Analysis of suspect A telephone details);

1. Application of Acts and subordinate statutes to investigation reports (Attachment to D, F, and G judgments);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. [the sale price of KRW 1,00,000 = 300,000 (the sale price of KRW 350,000) (the sale price of KRW 350,000 (the price of September 29, 2016)]

1. One month to fifteen years from the date of imprisonment with prison labor within the applicable sentencing range by law; and

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Crimes of violation of the Act on the Control of Narcotics, Etc. [Determination of Type] 2 (Determination of Type] (Determination of Place of Recommendation), the basic field [Determination of Place of Recommendation] [Scope of Punishment] from one year to two years; and

(b) Scope of recommended sentence based on the standards for handling multiple crimes: Imprisonment with prison labor for a period of one year to three years and eight months;

3. Determination of sentence: