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(영문) 서울중앙지방법원 2014.09.05 2014고합717
마약류관리에관한법률위반(향정)
Text

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

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated the interesting agents (e.g., g., e., thirthy, e.g., ethyl elements of temporary narcotics, as follows:

1. Sale of sets;

A. On January 19, 2014, around 18:00 on January 19, 2014, the Defendant, at around 18:00 on January 19, 2014, opened a set of three bottles from the stairs of the 16th floor in the Gwangjin-gu Seoul Special Metropolitan City, to D who became aware of at the mobile phone hosting site, and sold them under the name of the purchase price.

B. On January 19, 2014, around 19:00, the Defendant, around January 19, 2014, sold a stop to E, which became aware of in the mobile phone hosting site from the 10th floor stairs of the above C building, on January 19, 2014, sold a stop of one illness to E, which was received from the 110,000 won, as the purchase price.

2. On January 29, 2014, the Defendant, at the Defendant’s house located in the building C, No. 1808, kept the 17:30 of the same day, was placed in the 11st floor stairs of the building C, with a view to selling the name to the person who was injured by the fire. At around 17:30 of the same day, the Defendant was placed in the 11st floor stairs of the building C.

Accordingly, the defendant possessed 9 illness for the purpose of sale.

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect suspect regarding D by the prosecution;

1. Statement to E by the police;

1. Each investigation report (related to voluntary submission of seized articles, submission of seized articles and report on the calculation of additional collection charges);

1. A table for a request for appraisal (2014-H-1389);

1. Application of Acts and subordinate statutes to each protocol of seizure and the list of seizure;

1. Article 58 (1) 3, subparagraph 5 of Article 3, and subparagraph 3 (a) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, the relevant Article of the Act and the Selection of Imprisonment for a limited term of punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggressing concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc., due to the sudden sale of the same paragraph as shown in the Judgment No. 1 of the most severe punishment and circumstances] among concurrent crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.

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