마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for seven years.
60,000 won shall be additionally collected from the defendant.
The additional collection charge shall be equivalent to the above additional collection charge.
Punishment of the crime
On December 22, 2017, before the pronouncement of the instant judgment, the Defendant was sentenced to eight months of imprisonment and two years of suspended execution (Seoul Central District Court 2017 High Court 441, 625 (Joint), 626 (Joint), 4197 (Joint))) and became final and conclusive on December 30, 2017.
However, prior to the above judgment, there was a fact that: (a) the Defendant was sentenced to imprisonment with prison labor for ten months or more; (b) the period of suspension of execution for two years or more (Seoul Central District Court 2016 order 7594, order 2017 order 186, order 1962 (Consolidation); and (b) June 16, 2017 order that became final and conclusive on the same day; (b) the crime of previous conviction was committed on April 12, 2016, before the judgment becomes final and conclusive; and (c) the crime of this case committed on or after the date of final and conclusive judgment, and (d) the crime of this case committed on or after the date of final and conclusive judgment, falls under cases where the first judgment cannot be sentenced simultaneously at the same time (see, e.g., Supreme Court Decision 2009Do948, Oct. 27, 2011). Therefore, the crime of this case is not subject to the application of Article 37(1) of the Criminal Act.
Despite the fact that the Defendant is not a narcotics handler, the Defendant imported, sold, provided, received, administered, and decided mephones (copon referred to as copon, hereinafter referred to as copons), which are the psychotropic drugs, as follows.
1. On September 2, 2017, at around 05:19, the Defendant received KRW 500,000 from G to the Agricultural Cooperative Account in the name of H (I). On September 2, 2017, around September 2, 2017, the Defendant sent KRW 500,000,000 from H, to G, the Defendant, on the wall of the building located near the “K hotel” located in Geumcheon-gu Seoul High Court, Geumcheon-gu, Seoul, by attaching the volume of lophone ( approximately 1g) as a tape, provided that G may be informed of the said place.
Accordingly, the Defendant traded approximately KRW 1g 50,000,000.
2. On September 3, 2017, the Defendant around 14:00, approximately 0.2g of philophones contained in vinyl packaging on G from the frontway in Geumcheon-gu Seoul Metropolitan Government L.