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(영문) 서울남부지방법원 2014.07.23 2014고단993
마약류관리에관한법률위반(향정)
Text

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

Evidence Nos. 1, 3, 4, 6, 7, 8, 10, 11 of seized evidence shall be respectively from the defendant.

Reasons

Punishment of the crime

On August 23, 2012, the Defendant was sentenced to five months of imprisonment for perjury in the Incheon District Court, and completed the execution of the sentence in the Ansan Prison on November 23, 2013.

The defendant is not a person handling narcotics.

1. On March 2014, the Defendant issued a philophone to C by putting approximately 0.5g of psychotropic drugs, which are psychotropic drugs contained in a single-use injection unit, in the street near the offset station in Seoul Special Metropolitan City, Nowon-gu, Nowon-gu (hereinafter “philophone”).

2. On March 11, 2014, the Defendant sold philophones by receiving approximately KRW 4.51g of philophones contained in vinyl to C in the street room near the 1119 Safety Center near the Nowon-gu in Seoul Special Metropolitan City, Nowon-gu.

3. On March 19, 2014, around 17:05, the Defendant carried philophones by carrying approximately 2.09g philophones contained in vinyls in the street in the vicinity of the 119 Safety Center.

4. On March 19, 2014, the Defendant kept approximately 30.26 gramphones contained in vinyl bags in the Defendant’s DMW car parked in the vicinity of the 119 Safety Center, and carried a phiphonephones.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Copy of each protocol of suspect examination of the police against C;

1. Seizure record and list;

1. Investigation report (Evidence 16);

1. Requests for appraisal;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and search results of prisoners;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts;

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

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

1. The main sentence of Article 67 of the Narcotics Control Act;

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

1. The scope of recommendations according to the sentencing criteria; and

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