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(영문) 서울남부지방법원 2018.10.10 2018고단1889
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1, 4, and 5 shall be confiscated.

750,000 won from the defendant.

Reasons

Punishment of the crime

【The Defendant was sentenced to eight months imprisonment for a violation of the Game Industry Promotion Act at Seoul Southern District Court on November 20, 2014, and completed the execution of the sentence on June 7, 2015.

【Criminal facts】 The Defendant is not the handler of narcotics

1. Sale of cryptop sheeters;

A. A. around March 1, 2018, the Defendant sold 1g of a single philopon a total of 0.5g of a single philopon in the Defendant’s vehicle parked on the front road of Geumcheon-gu Seoul Metropolitan Government, with approximately KRW 500,000 from C, and Melopon, which is a local mental medicine (hereinafter “philopon”).

B. The Defendant: (a) around the night on March 4, 2018, parked in the frontway in Geumcheon-gu Seoul Metropolitan Government D; (b) sold 2.50,000 won from the Defendant’s vehicle in the frontway; and (c) sold a single philopon with approximately 0.5g philopon.

2. On April 12, 2018, the Defendant, holding phiphones, at the office of a strong three team office of the Geumcheon Police Station in Seoul, Nam-gu, Seoul Special Metropolitan City, Geumcheon-ro, 1435 Seoul, and at the Defendant’s ground office, the Defendant kept 0.02g of phiphones and carried phiphones, and carried phiphones.

Summary of Evidence

1. The defendant's legal statement (as at the fifth public trial date);

1. Recording of any statement in the protocol of examination of a witness to C by this court;

1. A report on investigation (calculated additional collection charges);

1. Protocols of seizure and list of seizure (No. 7,8,12, and 13 No. 13);

1. Written reply to a request for appraisal (A's minor claims, seized articles);

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A), investigation report (Attachment to the Criminal Records of the Suspect and the sentence of the judgment, etc.);

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. Confiscation Article 48(1)1 of the Criminal Act, and the Narcotics Control Act.

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