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(영문) 서울중앙지방법원 2016.07.21 2016고단3067

마약류관리에관한법률위반(향정)

Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. 120,000 won shall be collected from the defendant and the surcharge shall be collected.

Reasons

Punishment of the crime

[Criminal history] The Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Chuncheon District Court on June 10, 2013, and completed the execution of the sentence on September 28, 2014.

[Criminal facts] Even if the Defendant is not a narcotics handler, he dealt with the Meteptopy (one philopon, hereinafter “philopon,”) which is a local mental medicine as follows.

1. On January 22, 2016, the Defendant sold phiphonephones by receiving approximately KRW 20,000 from E and delivering approximately 0.03 grams of philophones in the “D PPC” located on the third floor of Yongsan-gu Seoul Metropolitan Government.

2. On January 24, 2016, the Defendant sold phiphonephones by receiving approximately KRW 0.08g of 10,000 from E and delivering approximately KRW 0.08g of phiphones in the Yongsan-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the police officers in relation to E and H;

1. Criminal records indicated in the judgment: The application of inquiry letter, personal identification and acceptance status Acts and subordinate statutes, such as criminal history;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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

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. The proviso of Article 67 of the Narcotics Control Act, Article 334(1) of the Criminal Procedure Act / [The grounds for the imposition of a total of KRW 120,000 won (i.e., KRW 100,000) purchase-price / [ the scope of the recommended punishment according to the sentencing guidelines] H 1 and 2 crimes (i.e., transaction of each penphone) - the aggravated area (one year and six months to four years) of the two types of crimes (i.e., marijuana, f., item (b) and item (c)) - the special aggravated person: The final sentencing scope based on the majority aggravated punishment for the same criminal records and (iv) : one year and six years from six years from six to six years [decision] of the Criminal Procedure Act, as crimes related to narcotics, etc. cause personal yellowization of individuals, homes, and human society and society.