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(영문) 서울서부지방법원 2018.10.04 2018고단1572

마약류관리에관한법률위반(향정)

Text

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

A penalty of KRW 100,000 shall be collected from a defendant.

Reasons

Punishment of the crime

On October 22, 2015, the Defendant was sentenced to imprisonment for eight months with labor for a violation of the Narcotics Control Act at the Seoul Central District Court on the part of October 22, 2015 and completed the execution of the said sentence at the Seoul Detention Center on February 22, 2016.

Defendant is not a narcotics handler.

On 04.04, the Defendant became aware of C through “B”, which is a smartphone hosting program on 2017.04, followed the conversation, and moved C around 21:00 from 04.0 to 05 early 2017, to a mutual influence room located in Seocheon-si, the Defendant: (a) used the Defendant’s meclopic clopon (hereinafter “ one philopon”; (b) made the Defendant’s melopic copon using the melopic gramlopter (hereinafter “philopon”); and (c) made the Defendant’s melopic copic dic dic demblor when demblating the melopic flopic flopter; and (c) made the Defendant dump dump dump dump and dump dump dump dump dump.

Accordingly, the Defendant conspired with C to administer philophones.

Summary of Evidence

1. The legal statement of the witness C;

1. A letter of appraisal of narcotics;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and application of Acts and subordinate statutes on investigation reports (the date of release);

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act concerning facts constituting an offense, and Article 60 (1) 3, and Article 4 (1) 3 (b) of the Act on the Selection and Management of Narcotics, Etc., and Article 30 of the Criminal Act;

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

1. The Defendant, for reasons of sentencing under the proviso of Article 67 of the Act on the Management of Narcotics, Etc., has been sentenced to imprisonment with prison labor in that he/she was punished twice for the same crime, and in particular, committed the instant crime during the period of repeated crime.