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(영문) 서울중앙지방법원 2014.07.31 2014고합777
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 1, 2014, the Defendant was sentenced to a suspended sentence of three years and six months for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on May 1, 201, and the judgment became final and conclusive on May 9, 2014.

Criminal facts

The Defendant sold shings as follows, even if he did not deal with interest components of gluthic ethylot (hereinafter referred to as “crypting”) designated as temporary narcotics.

1. On February 19, 2014, the Defendant: (a) around February 19, 2014, at the home of the Defendant in Nowon-gu, Seoul Special Metropolitan City; (b) transferred KRW 1.60,000 from D to the company bank account under the name of the Defendant for the purchase and sale price; and (c) sent Russh two soldiers to D through Kwikset Service on March 5, 2014.

2. On March 7, 2014, around March 7, 2014, the Defendant: (a) around F’s house located in Gwangjin-gu Seoul Special Metropolitan City E, (b) opened three diseases to F; (c) received three hundred thousand won from F to F under the name of the purchase and sale price; and (d) sold it.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. A report on investigation (related to account transfer details) and a report on investigation (related to public announcement of designation of temporary narcotics);

1. Previous convictions in judgment: The application of Acts and subordinate statutes to criminal investigation reports (Attachment of judgment, etc.);

1. Article 58 (1) 3, subparagraph 5 of Article 3, and subparagraph 3 (a) of Article 2 of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts;

1. Punishment for concurrent crimes and statutory mitigation of punishment under the latter part of Article 37, Articles 39 (1) and 55 (1) 3 of the Criminal Act [the punishment shall be mitigated in consideration of the equity in cases where a judgment has become final and conclusive with respect to the violation of the Act on the Control of Narcotics, etc.

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes as provided for in the Act on the Control of Narcotics, etc. (the Act on the Control of Narcotics, etc., due to the sudden sale of heavy F) ;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.

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