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(영문) 수원지방법원 2017.09.21 2017고단5005

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

20,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

On November 28, 2014, the Defendant was sentenced to two years of imprisonment by the Seoul High Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and completed the execution of the sentence on January 10, 2016.

Around July 4, 2017, the Defendant: (a) decided to purchase a cambane (one philophone; hereinafter referred to as “philophone”); (b) transferred the price to the Daegu Bank account (D) designated by C with 200,000 won; and (c) purchased a single cambphone with approximately 0.4g of the cambphone, which was sent by C using her home around July 5, 2017, by directly receiving it in front of the convenience store located in Eunpyeong-gu Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect C by the police;

1. Details of transactions, each currency content;

1. A copy of investigation report (post office of Busan FF);

1. Photographss by capturing the details of the use of door-to-doors;

1. A report on internal investigation (investigation into the other party of the source of internal investigation);

1. A currency details;

1. A protocol of seizure and a list of seizure;

1. A photograph of a mobile phone closure;

1. Information on the restoration of a C mobile phone and the closure of a suspect A and C’s text transmission to the original state;

1. A report on investigation (calculated additional collection charges);

1. Investigation report (refinite, response to a request for appraisal), and reply to a request for appraisal;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (verification of repeated crimes and attachment of text of judgment), each judgment, and application of Acts and subordinate statutes as a result of the confinement of prisoners;

1. Relevant 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, the selection of a sentence to imprisonment;

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

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

1. Reasons for the sentencing of Article 334(1) of the Criminal Procedure Act [the scope of recommendations] / Trade, good offices, etc. for the sentencing of Article 334(1) of the Criminal Procedure Act / Purchase or receipt for medication and simple possession (from August to one year and six months) in the mitigation area (special mitigation (the person subject to special mitigation) / the same kind of prior conviction (the suspension of the execution of the sentence for three years).