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(영문) 인천지방법원 2021.01.22 2020고단8702
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On April 9, 2020, at around 18:15, the Defendant: (a) purchased approximately KRW 600,000,00 from the sales books C using telegram “B” (one telephone; hereinafter the same shall apply) using tele-scopon; (b) remitted KRW 600,000 from the Gangnam-gu Seoul Metropolitan Government F to the credit union account (Account Number E) in the name of D known by the said C; and (c) traded phiopon by finding about approximately 1g of the penphone which is hidden in the distribution of housing by the said C.

2. On April 9, 2020, the Defendant administered phiphones by melting the small amount of phiphones purchased at the Defendant’s residence located in Dobong-gu Seoul Metropolitan Government as described in paragraph 1 at the Defendant’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. A statement on narcotics appraisal;

1. Details of messages containing telegrams;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Relevant legal provisions of the Act on the Management of Narcotics, etc. for the Fact-finding and the selection of fines for each of the following categories: Article 60(1)2, Article 4(1)1, subparagraph 3(b) of Article 2 and Article 2 subparag. 3(b) of the Act on the Management of Narcotics, etc. for the Selection of Crimes: Selection of fines:

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, which led to the Defendant again committed the instant crime during the period of the suspension of execution for the same crime, is unfavorable circumstances, or the Defendant appears to have committed the instant crime, except for the previous convictions in the suspension of execution, and the Defendant has no other criminal history, and the Defendant shows his will to commit the instant crime, with the exception of the previous convictions in the suspension of execution, the Defendant will be given a final opportunity for the Defendant only once in this sense, and the Defendant’s age, character and environment, and the crime are committed.

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