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(영문) 인천지방법원 2016.08.26 2016고단4419
마약류관리에관한법률위반(향정)
Text

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

1,000,000 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 July 21, 2016, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act, and the judgment became final and conclusive on July 29, 2016.

1. On November 2015, the Defendant: (a) sold approximately one gram of phiphone to B in order; (b) sold 1 gramphones to B in front of “D” located in Gwanak-gu in Seoul Special Metropolitan City on the 21st day of the same month; (c) three gram-phones containing approximately 0.2 gram-phones to B; (d) around 19:00 of the same month, around 27th day of the same month, two gram-phones containing approximately 0.2 grams to B; and (d) sold ro-phones by receiving KRW 500,000 from B.

2. On January 3, 2016, the Defendant sold a one-time injection device with approximately 00,000 gramphones in the Defendant’s residence in Yeongdeungpo-gu Seoul Metropolitan Government E 306 A.M. and received KRW 500,000 from B and distributed approximately 0.2 grams.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of protocol concerning the examination of suspect B of the police; and

1. Each investigation report (21, 39, 43 pages of investigation records);

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

1. Previous conviction in judgment: Application of Acts and subordinate statutes, such as inquiry about criminal history and text of judgment;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 Narcotics Control Act;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) the Defendant, who was not subject to the sentencing guidelines for concurrent crimes after Article 37 of the Criminal Act, had committed each of the instant crimes even though he had been under suspension of execution due to drug-related crimes; (b) the number or volume of sales was not significant; (c) the Defendant recognized as substitute for the crime; and (d

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