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(영문) 서울북부지방법원 2018.07.18 2018고단862

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment with prison labor for four months.

650,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

On April 18, 2017, at around 18:00, the Defendant sold 0.5 gramphones in front of Jung-gu Incheon, Jung-gu, Incheon. Around 18:00, the Defendant: (a) sent high-friendly fluor D with cash of KRW 1.50,000; and (b) purchased and sold mephones (a one philophone; hereinafter referred to as “philophones”) which are contained in one for a single-use injection device.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of a copy of an abstract of monthly trend of narcotics;

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

1. The case in which the judgment of sentencing is based on the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the total amount of KRW 150,00,00 and KRW 500,000,000 ($ 100,000 x 5)] of the Act on the Control of Narcotics, Etc. (the total amount of KRW 100,000,000 x 650,000)] is sold, and the case in which the Seoul Northern Northern District Court is sentenced to imprisonment for ten months on February 7, 2018 [the case in which the punishment is imposed as concurrent crimes (the case in which the court of final appeal 2018Do10231)] and the defendant's age, sex, intelligence and environment, motive, means and result of the crime, and circumstances after the crime, etc. are determined as the sentence as per Disposition.