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(영문) 서울중앙지방법원 2019.01.24 2018고단189

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than two months.

A penalty of one million won shall be additionally collected from a defendant.

The amount equivalent to the above additional charges.

Reasons

Punishment of the crime

[Criminal Power] On May 18, 2017, the Defendant was sentenced to three years of imprisonment with prison labor and five years of suspended execution for violating the Act on the Control of Narcotics, etc. at Seoul High Court on May 18, 2017, and the judgment was finalized on May 26, 2017.

【Criminal Facts】

The defendant is not a person handling narcotics.

1. The Defendant agreed to purchase Handphones with B, and 2.50,000 won for purchase of Handphones to B, as well as B, and then A, in the vicinity of Gangnam-gu Seoul Southern Station, Gangnam-gu, Seoul, the Defendant waiting in B, and B, in the aggregate of KRW 2.50,000,000 received from the Defendant and KRW 2.50,000,000,000,000,000,000 won for Handphones (hereinafter referred to as “speed”).

Accordingly, the Defendant conspired with B to purchase philophones.

2. The defendant above 2.

From the same date and time as in the same manner as in the paragraph, in the vicinity of Yangcheon-gu Seoul, the Defendant: (a) 400,000 won to B; and (b) 100,000 won, he/she held 40,000 won from the Defendant, and (c) c, 00,000 won, totaling 50,000 won, 0.8g of phiphonephones.

Accordingly, the Defendant conspired with B to purchase philophones.

Summary of Evidence

1. Each legal statement of B and C;

1. A suspect interrogation protocol concerning B by the prosecution;

1. Each police interrogation protocol regarding C;

1. Each judgment;

1. A report on investigation (calculated additional charges);

1. Previous convictions in judgment: References to criminal records (718 pages), and application of Acts and subordinate statutes for investigation reports (ex post facto concurrent crimes verification of suspects A);

1. Selection of imprisonment, as provided in Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The proviso to Article 67 of the Narcotics Control Act;

1. The defendant's reason for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order denies the crime of this case.