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(영문) 대전지방법원 홍성지원 2017.12.20 2017고단779

마약류관리에관한법률위반(향정)

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal history] On April 6, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Narcotics Control Act (fence) at the Incheon District Court, and the judgment became final and conclusive on June 26, 2017.

[ criminal facts] The defendant is not a person handling narcotics, and thus shall not possess, possess, use, transport, manage, import, export, manufacture, prepare, administer, administer, deliver, trade, assist in the trade of, or offer narcotics or psychotropic drugs.

1. From July to August 2016, the Defendant sold at KRW 14:00 to 15:00 on July 8, 2016, the Defendant sold to D and E a part-time 5 g (one-time clopon; hereinafter referred to as “philopon”) a part-time mental medicine that is contained in plastic packaging to D and E.

Accordingly, the defendant purchased and sold philophones.

2. After about 10 days from the above 10 days from the above day, Defendant D’s vehicle parked in front of the F station located in Incheon at approximately 18:00 to 20:00, sold KRW 500,000 of the philophones contained in vinyl packaging to D and E.

Accordingly, the defendant purchased and sold philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Previous convictions: Criminal history inquiry, investigation report (Evidence No. 11 of the evidence list), inquiry of the case, and application of each statute of the judgment;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following circumstances, and the Defendant’s age, sexual conduct, environment, and the circumstances before and after the instant crime, etc., and the sentence is determined as above.

The crime of this case is committed.