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(영문) 서울동부지방법원 2016.11.02 2015고단1564 (1)
마약류관리에관한법률위반(향정)
Text

Defendant

A shall be punished by imprisonment with prison labor for five months and by imprisonment with prison labor for one year.

Defendant

B 2,300,000 won shall be additionally collected.

Reasons

Punishment of the crime

[Criminal Power] On September 17, 2015, Defendant A was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Eastern District Court on September 17, 2015 and the judgment became final and conclusive on March 10, 2016.

Defendant

B On October 15, 2015, the Seoul Eastern District Court sentenced one year 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 March 18, 2016.

【Criminal Facts】

1. On March 19, 2015, the Defendants: (a) received approximately KRW 2,30,000 from E and F and 2,30,000 won from A’s official approval color franchise, E and F in the UA car located in Yeongdeungpo-gu Seoul Metropolitan Government, a subway station located in the UAdong-gu Seoul Metropolitan Government, and sent approximately 8 grams of Metepia (hereinafter “lophone”) located in plastic bags.

Accordingly, the Defendants conspired to sell philophones.

2. Defendant B: (a) around March 13, 2014, around 01:30 on the main day of “H” located in Yongsan-gu Seoul Metropolitan Government, which received psychotropic drugs-related philophones from I to transfer philophones to I, even though he is not a narcotics handler.

Summary of Evidence

【Court No. 1】

1. The defendant A's partial statement

1. The suspect interrogation protocol of Defendant B by the prosecution;

1. Each legal statement of witness E, A, and F;

1. A report on investigation (Attachment to F currency details);

1. Investigation report (verification of monetary details) (the second fact on the market);

1. Each prosecutor's protocol of examination of the accused and I;

1. Statement to the Prosecutor's Office;

1. Copy of the summary order (Seoul Central District Court Decision 2014 High-Aid 13195);

1. Copy of the judgment (Seoul Central District Court Decision 2015No. 2123); and

1. Previous convictions indicated in judgment: Application of each criminal record and the Supreme Court case search statutes;

1. The Defendants: Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., and Article 30 of the Criminal Act, which are applicable to the relevant criminal facts and the choice of punishment: The Defendants;

1. Defendants who commit concurrent crimes: the latter part of Article 37 of the Criminal Act and Article 39(1)1 of the Criminal Act.

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