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(영문) 서울중앙지방법원 2013.07.04 2013고단701

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

1,100,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On September 10, 2008, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. at the Seoul Eastern District Court on September 10, 2008 and the previous case was nine times more.

【Criminal Facts】

1. On November 29, 2012, the Defendant received KRW 1 million from E, along with the Defendant’s request to rescue psychotropic drugs-related psychotropic drugs-related Mesofts (tentatively named “Handphone”; hereinafter referred to as “philophones”) from Dmophones located in Gwangjin-gu Seoul Special Metropolitan City around a short time.

Since then, the Defendant contacted F with F with the sending of philophones, and 1 million won was given to F in the vicinity of Seoul Special Metropolitan City Gwangjin-gu G basin and 2 g of philophones.

Since then, the Defendant returned to the Domophone, and then delivered 2g of Domophones purchased as above, to E.

Accordingly, although the defendant is not a person handling narcotics, the defendant arranged the transaction of philophones between E and F.

2. At around 21:00 on November 29, 2012, the Defendant received approximately 0.1g of philopon from DNA located in Gwangjin-gu Seoul Special Metropolitan City for the aforementioned good offices from E.

3. At around 21:00 on January 27, 2013, the Defendant administered approximately 0.1g of philophones received from IMos located in H in Gwangjin-gu Seoul Special Metropolitan City, in a way that they go to Qhos.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect interrogation of the accused or E by the prosecution;

1. Application of Acts and subordinate statutes to each investigation report and narcotics appraisal report;

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc., and the Selection of Imprisonment with prison labor for the crime;

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

1. The crime of this case committed by the accused in the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. is the second sentence, such as the sentencing guidelines, the basic sentence is one year and two years, and the punishment shall be mitigated in consideration of the special mitigation factors, which have performed an important investigation cooperation, within the scope of the punishment mitigated (one year and six months of imprisonment); and

The same power shall be available.