(영문) 서울남부지방법원 2010. 1. 6. 선고 2009고단3399 판결[마약류관리에관한법률위반(향정)][미간행]
Defendant
Maximum Thailand
Attorney Jeong Jin-ho (Korean National Assembly)
A defendant shall be punished by imprisonment for two years.
2,600,000 won shall be additionally collected from the defendant.
The defendant is not a person handling narcotics.
피고인은 2008. 1.경부터 같은 해 2. 15:00경까지 사이에 공소외 2와 공모하여 공소외 1(대법원 판결의 공소외인)로부터 향정신성의약품인 메스암페타민(일명 ‘필로폰’)을 매수하기로 한 다음 인천 남구 용현동 물텀벙사거리에 있는 피고인과 공소외 2가 직원으로 근무하는 상호불상의 오락실 앞 노상에서 공소외 2에게 필로폰 매수대금 60만 원을 교부하고, 공소외 2는 위 60만 원을 공소외 1에게 건네주고 공소외 1로부터 1회용주사기에 담긴 필로폰 약 0.7g을 교부받아 피고인에게 건네주었다. 이로써 피고인은 공소외 2와 공모하여 필로폰을 매수하였다.
In addition, from February 2009 to February 07:00, the Defendant purchased and administered philophones over a total of 21 times, as shown in the list of crimes, from that time.
1. Legal statement of the witness Nonindicted 2
1. Partial statement of the witness Nonindicted 4 in the court
1. The prosecutor’s statement concerning Nonindicted 2
1. The protocol of interrogation of Nonindicted 2 by the police officer
1. A report on investigation (related to the calculation of an additional collection charge);
1. Article relevant to the facts constituting an offense and the selection of punishment;
Article 60(1)3, Article 4(1), Article 2 subparag. 4(b), and Article 30 of the Criminal Act on the Control of Narcotics, etc. (Selection of Imprisonment)
1. Aggravation for concurrent crimes;
Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act
1. Additional collection:
The proviso of Article 67 of the Narcotics Control Act
In light of the fact that Nonindicted Party 2, along with the Defendant, made a detailed and consistent statement on the process of purchasing and administering phiphones together with the Defendant, and that it is difficult for Nonindicted Party 2 to find reasonable grounds to gather the Defendant, the Defendant is guilty of the facts charged against the Defendant. Nevertheless, the Defendant’s denial of the facts charged above, and the Defendant’s criminal records during that period, in particular, the Defendant was sentenced to one year to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (mariju) at the Incheon District Court on July 25, 2007, and the said judgment became final and conclusive on August 2, 2007, and the Defendant committed the instant crime during that grace period, it is inevitable to sentence the Defendant for a considerable period of time. However, in light of the fact that the Defendant was old and other circumstances, the sentence shall be determined as per the order.
【Crime Disturbing Table】
Judges Yu Dong-dong