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(영문) 의정부지방법원 2018.06.08 2018고단1253
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant, who is not a person handling narcotics, is not a person handling narcotics, is prohibited from dealing with clocks (one philopopon; hereinafter referred to as “philopon”).

1. On December 26, 2016, the Defendant received KRW 400,00 from the Defendant’s bank account (D) in the name of the Defendant on December 26, 2016, upon request from C to request for scopon, and transferred KRW 400,000 from C’s bank account (E) via the Defendant’s bank account (D) on December 26, 2016. On the same day, the Defendant sold approximately 0.5 gopon to C’s vehicle for A-A6 passenger car located near G Scop in Songpa-gu Seoul Metropolitan Government on the same day.

2. On January 2018, the Defendant administered a philophoneon one time in the residence of Songpa-gu Seoul Metropolitan Government H and C around 15:00 on the first half of January 2018, the Defendant administered a philophone by hanging the philophone in the water.

3. On January 27, 2018, the Defendant administered a phiphone on a one-time basis at the “J” guest room located in Songpa-gu Seoul, Songpa-gu, Seoul around January 27, 2018, and at the “J” guest room in Songpa-gu, Songpa-gu, Seoul, the Defendant administered a phiphone by driving the phiphone in water.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by each prosecutor with respect to C;

1. An investigation report (to attach details of account transactions in the name of a witness C);

1. Application of Acts and subordinate statutes to the Acts and subordinate statutes as at the time of inspection of small riverines;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 and Article 2 (3) of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Facts and the Selection of Imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment by law: Imprisonment for one month to 15 years; and

2. Application of the sentencing criteria;

(a) Sale (basic crime);

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