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(영문) 서울중앙지방법원 2014.11.13 2014고단4781
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

7 million won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On July 8, 2010, the Defendant sentenced two years and six months to imprisonment for a violation of the Narcotics Control Act at the Incheon District Court on July 8, 2010, and completed the execution of the sentence on November 8, 2012.

【Criminal Facts】

Despite the fact that the Defendant is not a narcotics handler, he handled psychotropic drugs-related psychotropic drugs-related Mesofts (hereinafter referred to as “copons”), as follows:

The Defendant heard words from D that “I would like to bring a philophone in China,” and offered D that “I would first sell 50 to 100 grams of a philophone to Busan East and pay the purchase price to D.

Accordingly, around December 5, 2013, the Defendant promised to pay to D the purchase price of opon 7 million won after disposing of opon opon opon opon opon from D to 50 grams from the first floor of the F Hospital in Dongdaemun-gu Seoul, Dongdaemun-gu.

Accordingly, the defendant purchased philophones.

Summary of Evidence

1. Legal statement of witness D;

1. Statement D in the suspect examination protocol of the accused by the prosecution;

1. Each prosecutor's protocol of statement concerning D (a copy);

1. A copy of the pocketbook;

1. Previous convictions: References to criminal records, investigation reports (verification of facts of release and attachment of judgment) and statutes shall apply;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Prevention of Illegal Crimes and the Selection of Narcotics, Etc.;

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

3. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommending sentence] 1 year and six months to four years (the sentencing sentence is rendered] 1 year and six months (the scope of recommending sentence] , the amount of penphones traded falls under the same repeated crime, and the Defendant’s age, environment, circumstances of the instant crime, details, circumstances after the crime, etc. are considered, and the sentencing conditions under Article 51 of the Criminal Act shall be determined as indicated in the disposition.

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