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(영문) 서울중앙지방법원 2017.02.09 2016고단9337

마약류관리에관한법률위반(향정)

Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. 90,000 won shall be collected from the defendant and the additional collection shall be collected.

Reasons

Punishment of the crime

[criminal history] On November 26, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Narcotics Control Act at the Suwon Flag Flag, and completed the execution of the sentence on May 24, 2016.

[Criminal facts] Even if the Defendant is not a narcotics handler, he dealt with the Meteptopy (one philopon, hereinafter “philopon,”) which is a local mental medicine as follows.

1. On October 3, 2016, the Defendant received KRW 600,000 from C, which was transferred KRW 18:30,000,00 from C, and then sold 1.4 grams from C’s car parked in a parking lot near Yeongdeungpopo Station located in Yeongdeungpopo-gu Seoul, Yeongdeungpo-gu, Seoul on the same day to C.

2. On October 2016, at around 16:00, the Defendant administered phiphonephones by infecting approximately 0.05g of philophones into arms at the Defendant’s residence of 111 Dong-gu Incheon Metropolitan City, Incheon, at around 101 Dong-gu, and 0.05g of philophones into arms using a single-use injection device.

3. On November 2016, the Defendant administered approximately 0.05 g of phiphonephones in the Defendant’s residence at around 14:00 on the first-served date, and in the same manner as the foregoing 1.

4. On December 17, 2016, at around 14:00, the Defendant administered approximately 0.05 grams in the Defendant’s residence, and in the same manner as the foregoing 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect C by the prosecution;

1. Statement made by the prosecution against C;

1. A written appraisal of each drug;

1. A report on investigation (list of evidence) and documents attached thereto;

1. Records of crime: Application of Acts and subordinate statutes on the current status of personal identification and confinement;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. proviso of Article 67 of the Narcotics Control Act and Article 334 (1) of the Criminal Litigation Act: 90,000 won = The value of 90,000 sheets equivalent to the purchase price;