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(영문) 인천지방법원 2013.09.25 2013고단4309
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

1,000,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. The Defendant sold approximately KRW 0.8g of psychotropic drugs to D in the street world near Bupyeong-gu Incheon Metropolitan City, for approximately KRW 80,000,00,000.

2. The Defendant: (a) around January 2013, at the night of the first half of the year, 2013, displayed two strings immediately on the raw water fluoral disease in the name and influorial fluorial fluoral fluor in China; (b) fluoral fluor in which the fluoral fluor’s fluoral fluoral fluor was fluor; (c) fluor in which the fluoral fluor’s fluoral fluor had the fluoral fluor

3. At night on June 28, 2013, the Defendant administered the Defendant’s philophone volume in the apartment of the Defendant’s apartment located in the Gamdong-si of China with the aforementioned “flus” method.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness D;

1. A copy of each protocol of suspect examination of D to the prosecution, and a written self-statement of D;

1. Investigation report (the report on the confirmation of an excursion ship as a result of face-to-face and maternity appraisal);

1. Application of Acts and subordinate statutes to a report on investigation (report on the market price of phiphonephones);

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 a sentence;

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

1. The reason for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (the basis for calculation = 1 million won = 800,000 won (1) and the amount of sale) (100,000 won (10,000 won (1 time average nationwide prices) x 2 times) x 3 times) of the Act on the Control of Narcotics, etc. subject to Additional Collection is that the defendant has led to the crime of medication of narcotics, etc.

However, it is inevitable to sentence the defendant to commit a serious crime such as selling philophones in light of the quantity or amount of philophones handled by him.

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