(영문) 서울중앙지방법원 2014.5.2. 선고 2014고합346 판결

3. As seized Ef. 1 disease (No. 4), f. 1 disease (Evidence 5), f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. g. g. g. g. g. g. f. g. g. f. g. f. d. g. g. d. g. g. d. f. g. d. g. g. g. d. g.

4. 70,000 won shall be collected from the defendant.

Reasons

Facts of crime

Although the Defendant is not a narcotics handler, he had the mind to sell an entertainment agents of the temporary psychotropic drug ingredients purchased on the Internet site (hereinafter referred to as “alkylot”).

1. Sale of alkyl chloride;

Around December 14, 2013, the Defendant transferred KRW 70,000 from C to the bank account in the name of the Defendant in the name of the bank under the name of the Defendant, and around 10:30 of the same day, from E in Gwangjin-gu Seoul Special Metropolitan City, the 10 hours of 10 to 10 hours of 10 to 30 hours of 30,000 to 10 hours of 30,000 to 10 hours of 30,000 to 30,000 to 30,000 to 3

Accordingly, the defendant sold alkn't.

2. Possession of alkylco;

Around December 15, 2013, the Defendant placed alknitro 2 in the Defendant’s car parked on the Internet in Jongno-gu Seoul Jongno-gu Seoul, and kept alknitro 36 alknitro 36 alknitro of the Defendant’s house located in Dongdaemun-gu Seoul Dongdaemun-guJ.

Accordingly, the defendant possessed n't for the purpose of sale.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. A protocol of seizure of police conducted on December 16, 2013;

1. Each investigation report;

1. A written appraisal;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 58(1)3, 3 subparag. 5, 2 subparag. 3 (a), and 5-2 (A) of the Narcotics Control Act, Articles 58(1)3, 3 subparag. 5, 2 subparag. 3 (a), and 5-2 (Selection of Limited Term of Punishment) of the Narcotics Control Act, and Articles 58(1)3, 3 subparag. 5, 2 subparag. 3 (a), and 5-2 (Selection of the possession of the purpose of selling and selling alknik, and Selection of Limited

1. Aggravation of concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravation of concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc. (the Act on the Aggravated Punishment, etc. of Narcotics, Etc.) due to the sale and purchase of more inorganic information)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 55(1)3 of the Criminal Act)

1. Suspension of execution;

Article 62(1) of the Criminal Act (Taking into account favorable circumstances among the following reasons for sentencing):

1. Confiscation;

The main sentence of Article 67 of the Narcotics Control Act

1. Additional collection:

The proviso of Article 67 of the Narcotics Control Act

Reasons for sentencing

1.The scope of applicable sentences under law: Imprisonment for a period of two years and six months to forty-five years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) The crime of violating the Act on the Control of Narcotics, etc. (flavoring) through the sale and purchase of alkyl chloride;

(i) Determination of types: Narcotics, trade assistance, etc., Type 3 (narcotics, narcotic drugs, perfumea, etc.);

(ii) Determination of the recommended territory: Basic territory;

3) Scope of recommendations: Imprisonment with prison labor for up to seven years;

(b) A crime of violation of the Act on the Control of Narcotics, etc. (flavoring) due to possession of alkylot for sale;

(i) Determination of types: Narcotics, trade assistance, etc., Type 3 (Narcotic drugs, narcotic drugs, perfumea, etc.);

(ii) Determination of the recommended territory: Basic territory;

3) Scope of recommendations: Imprisonment for up to seven years;

(c) Application of standards for handling multiple crimes: The sum of 1/2 of the upper limit of the sentence range of the crime of violation of the Act on the Control of Narcotics, etc. (fence) due to possession of an information for the purpose of selling and selling nitrote, which is a basic crime from 4 years to 10 years, and 6 months;

3. Determination of sentence;

A punishment shall be determined within the range of applicable punishment by law, considering all the circumstances shown in the arguments in the instant case, including the Defendant’s age, character and conduct, environment, means and consequence of the crime, and the circumstances shown in the arguments in the instant case, in consideration of the following circumstances: (a) the Defendant was the first offender; (b) the Defendant was making a confession of all the crimes in this case; (c) the Defendant was in the possession of a large quantity, but appears to have been purchased and held before the Defendant was designated as temporary psychotropic drugs; and (d) the Defendant was voluntarily submitted to the investigative agency.