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(영문) 서울중앙지방법원 2013.04.25 2013고단1258

마약류관리에관한법률위반(향정)

Text

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

4,000,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

【Criminal Power】 On October 16, 2007, the Defendant was sentenced to a suspended sentence of two years for six months for a violation of the Act on the Control of Narcotics, Etc. (fence) in the Goyang Branch of the Jung-gu District Court.

【Criminal Facts】 The Defendant is not a person handling narcotics.

1. On August 18, 2012, the Defendant purchased psychotropic drugs at KRW 400,000,000 from E, in the mutual influorite room located in Daejeon-gu Daejeon-gu, Daejeon-gu, Mcampon (one penphone; hereinafter referred to as “clophone”).

Accordingly, the Defendant conspiredd with C to sell and purchase phiphones.

2. On August 18, 2012, the Defendant administered 17 popon copon copon copon copon copon copon copon copon copon copon copon copon copon copon copon copon copon copon crison crison crison crison copon copon crison crison crison copon crison crison crison crison crison crison copon crison crison crison cop

Accordingly, the Defendant administered philophones.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning the examination of suspect of C, G, or H;

1. Police seizure records;

1. Application of Acts and subordinate statutes of a narcotics appraisal report;

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. for Crimes;

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

1. The facts of crimes indicated in the sentencing guidelines in the proviso of Article 67 of the Act on the Control of Narcotics, etc. fall under the category 3, such as medication, simple possession, etc., and the basic form of punishment is between October and 2 years, or between five years, and the same class of power has been relatively old since it had been five years prior to the occurrence of the crime in this case. However, the same kind of power shall be mitigated in consideration of the motive leading to the crime in this case.