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(영문) 서울중앙지방법원 2014.05.29 2014고합472
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by imprisonment for not less than two years 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

Despite the fact that the Defendant is not a narcotics handler, the Defendant dealt with the interesting agents (hereinafter referred to as “crypting”) of ethyl ethyl elements of temporary narcotics, as follows:

1. Sale of sets;

A. On December 17, 2013, the Defendant: (a) sent the Defendant’s house located in Yeongdeungpo-gu Seoul Metropolitan Government Seoul, to D using the post office house; and (b) sold KRW 140,000,00 from that date to a bank account in the name of the Defendant for the purchase price.

B. On January 20, 2014, the Defendant sold Russing on January 20, 2014, around the street near subway 2 line F in Mapo-gu Seoul, Mapo-gu, Seoul, sold Russing one disease to G, who received 140,000 won from G as the purchase price, and sold it.

2. On December 2, 2013 through January 21, 2014, the Defendant was in custody of the Defendant’s house located in Yeongdeungpo-gu Seoul Metropolitan Government, and the Plaintiff purchased at the Internet website for the purpose of selling to others.

Accordingly, the defendant possessed a dogsh for the purpose of sale.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. In cases of investigation reports (related to the submission of seized articles), investigation reports (related to seized articles), requests for appraisal, investigation reports (2014-H-947 appraisal reports), investigation reports (2014-H-947 appraisal reports), inquiry into details of account transactions, investigation reports, and investigation reports (additional collection charges);

1. Application of Acts and subordinate statutes to each protocol of seizure and the list of seizure ( dated January 20, 2014, January 21, 2014);

1. Article 58 (1) 3, subparagraph 5 of Article 3, and subparagraph 3 (a) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, the relevant Article of the Act and the Selection of Imprisonment for a limited term of punishment;

1. Of concurrent crimes, among concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [aggravating concurrent crimes with punishment stipulated in the Act on the Control of Narcotics, Etc. (compacting) due to the sale of a set of Jan. 20, 2014, which is the largest offense and criminal administration].

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