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(영문) 청주지방법원 충주지원 2014.10.31 2014고단375

마약류관리에관한법률위반(향정)

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

Defendant

A 80,000 won from A, Defendant.

Reasons

Punishment of the crime

On September 5, 2008, Defendant A was sentenced to imprisonment for a violation of the Act on the Control of Narcotics, etc. at the Seoul Central District Court on September 5, 2008 and completed the execution of the sentence in the Changwon Prison on September 25, 201.

Criminal facts

Defendants are not authorized to handle narcotics.

1. Defendant A

A. On February 27, 2014, the Defendant: (a) received KRW 600,000 from the “F” located in the Dong-gu, Dong-gu, Chungcheongnam-gu; and (b) received 600,000,000 from H upon the request to request to seek writingphones; and (c) sold approximately 0.4g of psychotropic drugs-related Meptiles (i.e., “lophone”; hereinafter “lophones”); and (d) sold them.

B. Around March 2, 2014, the Defendant received KRW 200,000 from the above G and H upon the request to seek philophones at the same place as the above paragraph (a), and sold 0.4g of philophones.

2. On August 3, 2013, Defendant B received KRW 300,000 upon the request from G, which was known to ordinary people in the “Jel” located in the Gangnam-gu Seoul Special Metropolitan City, Chungcheongnam-gu, Seoul Special Metropolitan City, and H to seek philophones, and sold approximately 0.2 grams of philophones.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol on Defendants G, H, K, L, and M

1. Investigation report (in response to a statement on narcotics appraisal), investigation report (report on the results of confirmation of communications);

1. Previous convictions: References to criminal records and the application of reporting Acts and subordinate statutes;

1. The Defendants: Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Narcotics Control Act;

1. Defendant A among repeated crimes: Article 35 of the Criminal Act;

1. The defendants subject to collection: The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. (the price for selling each penphone);

1. The basic area (one year to two years) of types 2 (marijus, natives b. (c.) and basic areas (one year to two years) according to the sentencing guidelines for Defendant A, including the scope of recommendation [the scope of recommendation], trade mediation, etc.