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(영문) 서울중앙지방법원 2015.12.17 2015고단3129
마약류관리에관한법률위반(향정)
Text

1. The defendant shall be punished by imprisonment for six months;

2. 30,903,000 won shall be collected from the defendant and the amount equivalent to the additional collection charge shall be collected.

Reasons

Punishment of the crime

[Criminal Power] The Defendant, at the Suwon District Court on November 16, 201, sentenced one year and two months to imprisonment for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence on July 19, 201.

[Final Judgment Prior to the Judgment] On February 4, 2015, the Defendant was sentenced to four years in Seoul High Court to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc., and the judgment became final and conclusive on April 23, 2015.

【Criminal Facts】

Even if the Defendant is not a narcotics handler, he handled psychotropic drugs-related Mesofts (one philophone, hereinafter referred to as “philophones”) as follows:

[2015 Height3129] On May 27, 2013, the Defendant: (a) received KRW 150,000 from C and sold 0.2 grams; (b) around that time, from around November 19, 2013 to around 26.15 grams, the Defendant purchased and sold phiphones by receiving KRW 18,760,000 in total from C over 68 times, as shown in the List of Crimes (1), and delivering approximately 26.15 grams of phiphones.

[2015 Highest 5868] On February 2, 2013, the Defendant: (a) received 200,000 won from D and delivered and sold 0.4 grams; (b) around that time, from around July 12, 2013 to around July 12, 2013, the Defendant sold 12,143,00 won in total from D and delivered approximately 14.37 gramphones, as indicated in the attached crime list (2).

Summary of Evidence

【Criminal Power at the Time of Sales】

1. References to criminal records, current status of personal identification and confinement, investigation reports (number of evidence lists of cases 2015 Godan3129) and accompanying documents (2015 Godan3129)

1. Defendant's legal statement;

1. Investigation report (Evidence Nos. 26) and attached documents (2015 order 5868);

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on the parts of the indictments (Evidence Nos. 31), the second protocol of trial in the Seoul Central District Court 2015 Godan4793, and the second protocol of trial in the Seoul Central District Court 2015 Gohap84, respectively.

1. Criminal facts;

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