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(영문) 인천지방법원 2015.10.21 2015고단5469
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than two months.

176,400 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

On April 24, 2013, the Defendant was sentenced to one year to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Northern District Court on December 11, 2013. On February 11, 2015, the Defendant was sentenced to one and half years of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. at the Incheon District Court on February 11, 2015, and the said judgment became final and conclusive on May 8, 2015.

1. On April 12, 2014, around the night on April 12, 2014, the Defendant saw approximately 0.4g of c. g. g., c., c., c., c., c., c., c., c., c., c., c., from D f.’s office located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, for one-time c.m., to E., without compensation.

Accordingly, even if the defendant is not a person handling narcotics, he received psychotropic drugs.

2. On April 2014, the Defendant committed a crime in the middle of April 2014, at E’s house located in Gangnam-gu Seoul, Gangnam-gu, Seoul, for the first time, 0.2 grams of philopon 0.2g, which is wraped to E, around the middle of April 2014.

Accordingly, even if the defendant is not a person handling narcotics, he received psychotropic drugs.

Summary of Evidence

1. Defendant's legal statement;

1. E’s statement of the prosecutor’s protocol of interrogation of the accused

1. Investigation report (Analysis and report on the contents of currency); and

1. Monthly trends of narcotics, etc. (transaction price of narcotics, etc.);

1. Previous convictions in judgment: Application of the results of inquiry, each investigation report (the attachment of the latest same kind of judgment of the suspect, and confirmation of the date of release of the suspect);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. proviso to Article 67 of the Act on the Control of Narcotics, Etc. subject to Additional Collection (0.6g x 294,000 won average nationwide retail price per 1g of penphones as of June 2015);

1. The Criminal Procedure Act;

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