beta
(영문) 서울중앙지방법원 2016.11.01 2016고단5368

마약류관리에관한법률위반(향정)

Text

1. The defendant shall be punished by imprisonment for a period of one year and four months;

2. 50,000 won shall be collected from the defendant and the additional collection charge shall be collected.

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, he handled psychotropic drugs-related Mesofts (one philopon, hereinafter referred to as “philopon”).

1. On November 4, 2015, the Defendant sold phiphonephones by paying KRW 400,00 to D and delivering approximately one gram of phiphones at its own dwelling place of Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, 301, 1711.

2. At around 22:00 on July 29, 2016, the Defendant administered chophones by drinking approximately 0.05g of chophones in the singing rooms in the Chinese Spanyang-si, China.

3. On August 2, 2016, the Defendant: (a) placed vinyl bags containing approximately 0.75g philophones in his/her own residence; and (b) carried philophones by inserting them in the inner harassment respectively; and (c) possessed philophones.

Summary of Evidence

1. Partial statement of the defendant;

1. D's legal statement;

1. Some statements in the suspect examination protocol of each prosecution concerning D (including the part in which the E partially states are recorded);

1. Each investigation report (the sequence 4, 28, 29, 42 of the evidence list) and accompanying documents;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment with prison labor;

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

1. proviso of Article 67 of the Act on the Control of Narcotics, etc. subject to Collection and Provisional Payment Order, Article 334(1) of the Criminal Procedure Act: 50,00 won = 40,000 won (1. 3. 1. 2. 1. 2. 3) for the sentencing of 100,000 won (2. 3. 1. 2. 1. 3) for the basic area (1-2 years, 1-2 years, 3 (2) - medication, possession, etc.) for the basic area (1-2 years, 10,000 won (2. 2. 3) for medication, simple possession, etc.) for the basic area (1-2 years, 10,000 won): the final sentencing scope according to the aggravated majority of crimes: one year.