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(영문) 인천지방법원 2014.07.16 2013고단7102

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for a term of one year and ten months.

1,874,00 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On June 22, 2011, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Jeonju District Court on March 24, 201, and completed the execution of the sentence in the racing prison on March 24, 2013, and was not a person handling narcotics.

1. On September 10, 2013, the Defendant appears to have written fiveg of the five grams in the charge of selling phiphones to C, a psychotropic drug, in the vicinity of the belopon distance in the belopon-dong, Jinju-si around September 10, 2013, as indicated in the facts charged of about 4.92 grams of the psychotropic drugs (hereinafter “perlopon”).

B Y and as a price, 170,000 won received and sold philophones.

2. On September 2013, the Defendant provided 1, 2013, the Defendant, at the same place as the above 1. paragraph (1) in the middle of September 2013, provided C with approximately 0.2g of philophones without compensation.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness C and D;

1. Seizure report and investigation report (the weight of seized penphones);

1. A copy of the written request for an examination of prosecution against C;

1. C, A, and details of telephone calls;

1. Investigation Report - Analysis and Investigation of Suspected Currency Details;

1. An investigation report (related to the calculation of additional collection charges);

1. Previous records: Application of criminal records and investigation reports (Attachment of criminal records A of the same kind of crimes) to statutes;

1. Article 60 (1) 2, Articles 4 (1), and 2 subparagraph 3 (b) (the point of selling and providing phiphonephones) of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The defendant and his/her defense counsel's assertion in the proviso to Article 67 of the Act on the Control of Narcotics, Etc. [the basis for calculation: 1,874,00 won = 1,70,000 won = (the nationwide average retail price of 870,000 won per 1 philoon as of August 2013 nearest at the time of rendering a judgment x 0.2g) of the Act on the Control of Narcotics, etc. and the defendant and his/her defense counsel did not sell or provide philoon to C as stated in

First of all, Paragraph 1.