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(영문) 서울중앙지방법원 2017.02.02 2016고단7073
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

8,000,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Majority Relationship] On May 18, 2005, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Seoul Central District Court on March 26, 2008 and completed the execution of the said punishment on March 26, 2008.

[Criminal facts] Even if the Defendant is not a narcotics handler, he dealt with the Metrophographs (cophophones, hereinafter “copphones”) of a local mental medicine as follows.

On October 9, 2009, the Defendant, from the fifth floor of C building in Namyang-si, around 2009, ordered D to have approximately 10 g gatephones, and sold to a third party, 6.5 million won out of the price of 8 million won.

Accordingly, the defendant accepted philophones.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness E, the witness F, and each legal statement of D respectively;

1. Copy of each protocol concerning the examination of suspects by the prosecution against D or F;

1. Copies of each prosecutor's statement made to E, G, and H by the prosecution;

1. Reporting on the arrest of the victim, investigation report (the statement of the suspect DNA quantity and packaging condition);

1. In cases of investigation reports (in cases of public trial D or F rulings), copies of each judgment, criminal investigation reports (in cases of public trial records), and copies of trial records attached thereto;

1. A report on investigation (calculated additional collection charges);

1. Previous relationship: Application of Acts and subordinate statutes to inquire about criminal history, report on investigation (crime during the period of repeated crime) and report on the status of confinement of individuals attached thereto;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

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

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of the recommended punishment] Trading, brokerage, etc., and considering the punishment sentenced to the aggravated area (one year and six months to four years), the same type of punishment (the special aggravated person) [the suspended execution for not more than three years] and the same type of punishment (the suspended execution for not more than three years) [the decision of sentence] and the sentence sentenced to D and F. The defendant's family members and supporters want to take advantage of favorable circumstances, but the defendant's family members and supporters want to take advantage of favorable circumstances.

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