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(영문) 인천지방법원 2015.04.29 2015고단1460

마약류관리에관한법률위반(향정)

Text

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

8,500,000 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 June 30, 2011, the Defendant was sentenced to 8 months of imprisonment for violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on June 30, 201, and completed the execution of the sentence at the Seoul Detention Center on January 17, 2012.

1. On September 13, 2013, the Defendant: (a) around September 13, 2013, around September 13, 2013, sent KRW 3.5 million from D to the account of community credit cooperatives (J) used by the Defendant in front of the Icheon-gu Incheon International Housing; (b) around 10g of the psychotropic drugs, the Defendant opened approximately 10 grams to D psychotropic drugs.

Accordingly, even if the Defendant is not a narcotics handler, the Defendant traded psychotropic drugs.

2. On February 2, 2014, the Defendant committed the first police officer on February 2, 2014, 2014, sent approximately 10 grams of 10 grams to D in return for transfer of KRW 2.5 million from D to the account of the said community credit cooperative within the Defendant’s vehicle parked in front of the first house as stated in the foregoing paragraph (1).

Accordingly, even if the Defendant is not a narcotics handler, the Defendant traded psychotropic drugs.

3. Around March 2014, the Defendant committed the crime: (a) around March 2014, 2014, around 10 grams to D in return for receiving KRW 2.5 million from D to the account of the said community credit cooperative within the Defendant’s vehicle parked on the top of the first house as set forth in paragraph (1) above; (b) around 250,000,000 from D.

Accordingly, even if the Defendant is not a narcotics handler, the Defendant traded psychotropic drugs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Report on investigation (report on the calculation of additional collection charges);

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries into criminal records, each investigation report (Attachment of criminal records of a suspect A in the same kind of crimes, and current status of personal identification and confinement);

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

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

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.