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(영문) 서울북부지방법원 2018.08.08 2018고단2611
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

1,509,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On December 22, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act in the Seoul Western District Court on December 22, 2015, and completed the execution of the sentence in the original prison on November 22, 2016.

Defendant is not a narcotics handler.

1. Violation of the Act on the Control of Narcotics, Etc. - Trading point;

A. At around 21:00 on February 2, 2017, the Defendant purchased and sold AV with approximately KRW 1.50,000 in cash from AV to AW in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and 1.50,000,000 in cash from AV to him/her, and mert clopty flus (one name “copon”; hereinafter referred to as “opon copon”).

Accordingly, the defendant purchased and sold philophones.

B. On April 30, 2017, the Defendant: (a) around 21:00, on the street in front of the exit of AZ located in Gangseo-gu Seoul, Gangseo-gu, Seoul; (b) 200,000 won in cash from AX to her; and (c) 1.5g of phiphonephonephones contained in a single-use injection machine to her.

Accordingly, the defendant purchased and sold philophones.

2. Violation of the Narcotics Control Act (flavoring) - The Defendant, at around 15:00 on April 11, 2017, sent and received 0.5g of philopopon contained in BB in BB located in Gangnam-gu Seoul, Gangnam-gu, Seoul, free of charge, around 0.5g.

Accordingly, the defendant accepted philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of examination of the suspect of each prosecution against AV, B, or X;

1. Monthly trends in narcotics;

1. Previous convictions in judgment: The application of inquiry statements, such as criminal history, and the defendant's statutory statement statutes;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. The proviso to Article 67 of the Act on the Control of Narcotics, Etc.: (a) x 2 = 274,000 won x 2.77,00 won x 5 = 685,00 won x 0.5g x 0.5g x 0.5g x 0.5g (B) ;

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