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(영문) 서울북부지방법원 2016.09.07 2016고단3245

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

A sum of one million won shall be collected from the defendant.

The above additional collection shall be reasonable.

Reasons

Punishment of the crime

1. Around 20:00 as of January 201, 2016, the Defendant administered philophones by dilution of philophones in front of “D” parked on the street “D” in the Guluri City, with the diversted dyscopic scopic scopic scopic scopic scopic scopic scopic in the Defendant’

2. On April 29, 2016, the Defendant: (a) decided to purchase phiphones from F to transfer the purchase price of KRW 9.50,000 to F; and (b) sold phiphones in a single-copon from F to F in a single-copon vehicle operated by the Defendant parked on the street above “Hmotour” located in Guri-si; (c) purchased three phiopons from F in a single-copon vehicle operated by the Defendant; and (d) administered 0.05 g of the phiopon in a copon in a way of sending approximately 0.05 g of the copon to coffee.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of a protocol of suspect examination of the police against F;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Imprisonment with prison labor for a crime under relevant Article of the relevant Act and Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) (i.e., opon medication and trade) of the Act on the Selection of Narcotics, Etc. and the Management of Optional

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

1. A crime of violation of Article 1 of the Act on the Control of Narcotics, Etc. (=the price for a single-time medication) as indicated in the judgment of additional collection: 90,000 won (=total handling quantity of 3g x average retail price of 300,000 won/g in Seoul as of May 28, 2010). The additional collection amount under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (referring to the amount of 1 million won: 1 million won;

1. The sentencing guidelines for sentencing under Article 334(1) of the Criminal Procedure Act are set to three basic aggravated factors for mitigation of the classification of sentencing criteria.

Items c) and c.

A person who was sentenced to special punishment for six months to ten years from June 1 to two years from June 2: A person who was sentenced to no corresponding punishment in the basic area (ten months to two years): a person who was sentenced to aggravated punishment (a person who was sentenced to imprisonment with prison labor for more than three years and less than ten years): imprisonment with prison labor for more than two years; a person who was sentenced to additional collection of more than one million won: imprisonment with prison labor for more than one year and six months; and a person who was sentenced to additional collection of more than one million won: A person who was sentenced to the same punishment power (one time in 2010), etc.