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(영문) 서울북부지방법원 2016.10.21 2016고단3711
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

1. On April 13, 2016, the Defendant: (a) as a sales agent of phiphonephones known through the Internet search site; (b) decided to contact a person with a name influor who uses the ID called “C” from “B”, a mobile phone hosting application, to purchase and sell phiphones; (c) transferred the price of KRW 2 million to the account known by that person; and (d) traded 1 g of phiphones posted by mail at the house located in the Seoul Seocho-gu Seoul Metropolitan Government D (hereinafter referred to as “C”); and (c) sold 1 g of phiphones posted by the said person.

2. On April 15, 2016, in collusion with the Defendant and E (Suspension of Prosecution) medication, around 02:00, the philophone 0.5g gramphone 0.5g in the Gangnam-gu Seoul Metropolitan Government (F), the philophone 0.5g in the coffee was put into a coffee, and the philophone 0.5g in the gramphone 303 at around 14:00 on the same day was put into a coffee, and the philophone was administered twice.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing investigation reports and requests for appraisal;

1. Article 60 (1) 2, Article 4 (1), and Article 2 subparagraph 3 (b) of the Act on the Prevention of Narcotics, Etc., Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., Article 30 of the Criminal Act, Article 30 of the Criminal Act, and imprisonment with prison labor, respectively;

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

1. Suspension of execution, probation or order to attend a lecture, Articles 62 and 62-2 of the Criminal Act;

1. 300,000 won (average retail price of 1g philophones in Seoul as of August 2016) of the amount additionally collected pursuant to the proviso to Article 67 of the Narcotics Control Act (see Supreme Court Decision 2010Do8764, Oct. 28, 2010)

1. The sentencing guidelines for sentencing under Article 334(1) of the Criminal Procedure Act are set to three basic aggravated factors for mitigation of the classification of sentencing criteria.

Items c) and c.

Pursuant to Article 1 of the former Special Punishment Act, a person who commits a crime from June to June 1 to 2 years from June 1 to 3 years from June 1: No applicable sentence: A person who commits a second crime (trade) in the basic territory (from October to 2 years): A mitigation element.

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