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(영문) 서울중앙지방법원 2014.10.10 2013고정5607
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On September 26, 2013, the Defendant was sentenced to ten months of imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on September 26, 2013 and the said judgment became final and conclusive on November 23, 2013.

【Criminal Facts】

The defendant is not a person handling narcotics.

At around 21:30 on October 20, 201, the Defendant: (a) sought the campacter (one philopon; hereinafter referred to as the “philopon”) from D, together with the Defendant’s request to seek the campopon purchase amount; (b) 6.50,000 won in the first floor toilet of C Hospital; (c) 6.50,000 won in E; and (d) 0.8g of the camopon, which is contained in the campopter in the first floor of C Hospital; and (d) delivered D the camopon purchased from E, within the dampoper’s seat that was stopped in front of C Hospital.

Accordingly, the defendant assisted the purchase and sale of philophones D and E.

Summary of Evidence

1. A copy of each protocol of interrogation of the accused by the prosecution (including D's protocol of interrogation of the second prosecutor's office);

1. Copy of the prosecutor's statement concerning D;

1. Investigation report (Analysis of the details of cell phone calls of internal victims, etc. and specify the time for crimes);

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

1. Previous convictions in judgment: The application of Acts and subordinate statutes of investigation reports (informating a copy of judgment);

1. Article 60(1)3 and Articles 4(1) and 2 subparag. 4(b) of the Act on the Control of Narcotics, Etc. (Amended by Act No. 10786, Jun. 7, 201); the selection of fines for criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;

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