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(영문) 서울중앙지방법원 2019.06.27 2018고단3908
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 or 2 shall be confiscated.

150,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. At around 14:00 on December 10, 2014, the Defendant paid KRW 1.50,000 to the sales book of the printedphones in the name-free type No. 3 mobile phones located in Gwanak-gu in Seoul Special Metropolitan City, and purchased and sold philophones, a psychotropic drug, with approximately 0.03g of psychotropic drugs (one philophones; hereinafter “philophones”).

2. The Defendant administered 0.03g of philophones purchased as stated in the foregoing paragraph 1 at the time and place, and administered philophones by inserting approximately 0.03g of philophones purchased in milk in milk.

3. On February 14, 2015, the Defendant intended to pay KRW 500,000 to E in the D Park located in Dongdaemun-gu Seoul, Dongdaemun-gu, to purchase approximately 0.5g 0.5g philophonephones on behalf of E, but did not reach an attempt to arrest police officers of the Seoul Regional Police Agency, Metropolitan Police Agency, and Metropolitan Investigation Team at the same place on behalf of E.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes to records of seizure, list of seizure, statement of narcotics appraisal, and investigation report;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. and Selection of Punishment for Criminal Facts, Articles 60 (3) and 60 (1) 2, and Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. and Selection of Imprisonment with prison labor for each crime;

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 Act on the Management of Confiscated Narcotics;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is that the crime of narcotics, etc. with the reason of sentencing is in need of strict punishment due to addiction and the personal and social harm caused thereby, that the defendant can have the power to impose criminal punishment, and that there is no criminal record of the same kind, and that there is no favorable sentencing factor for the defendant being led

The age, character and conduct of the accused, and others.

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