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(영문) 서울남부지방법원 2016.12.07 2016고단4850
마약류관리에관한법률위반(향정)
Text

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

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

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, he/she traded psychotropic drugs-related Mesofts (i.e., one diaphone; hereinafter referred to as “philophones”), as follows:

1. On June 30, 2015, the Defendant: (a) decided to sell and purchase smartphones with D residing in China using “C”; (b) transferred KRW 500,000,000 from the account in the name of E designated by the said D to one bank account; (c) around July 7, 2015, the Defendant purchased a phiphones by putting about 1g of phiphones from any G that imports, imports, distributes, and distributes the phiphones in accordance with the said D’s instructions at the Defendant’s dwelling in Yeongdeungpo-gu Seoul Metropolitan Government (101 Dong 1604).

2. On July 16, 2015, the Defendant continuously remitted KRW 1,00,000,000,000,000 from the account in the name of E to the account of one bank. On July 22, 2015, the Defendant purchased the phiphones by putting about four grams from the above G in the above residence.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol concerning the examination of suspects of G; and

1. Application of the Acts and subordinate statutes for investigation reporting;

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., concerning facts constituting an offense, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

1. The three types of punishment, including the sale, purchase, mediation, etc. of narcotics-related crimes (math) from August to one year and six months, respectively, for each of the offenses of violation of the Act on the Control of Narcotics, etc. on the Sentencing Criteria;

Items c) and c.

The scope of the recommended sentence amended according to the guidelines for handling multiple crimes (special mitigation factors: purchase for medication): Imprisonment with prison labor for up to 8 months to 2 years;

2. Determination of sentence;

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