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(영문) 서울중앙지방법원 2016.03.17 2015고단8205
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

1,600,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Majority Relations] On March 29, 2012, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Seoul Western District Court on one year and eight months on May 17, 2013, and the execution of the sentence was terminated on May 17, 2013. On November 12, 2015, the Seoul Central District Court sentenced ten months to imprisonment with labor for a violation of the Narcotics Control Act, and the judgment became final and conclusive on January 15, 2016.

[Criminal facts] The Defendant is not a narcotics handler

1. On December 30, 2014, around 23:20 on December 30, 2014, the Defendant sold a penphone in the Defendant’s car that was parked in the Seoul Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government 1st floor D, in which approximately 400,000 won was dried from E and Nonparty 1, which was a local mental medicine drug that was contained in the plastic finite to E (hereinafter “cinphone”).

2. On January 4, 2015, the Defendant: (a) around H department stores near subway stations located in U.S. Dong-gu, Ulsan-gu; (b) granted E, free of charge, approximately five grams of phiphonephonephones contained in vinyl sealings.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the accused by the prosecution (including part concerning the E-examination);

1. Copy of each prosecutor's statement protocol concerning E;

1. A copy of the investigation report (CPC) and the investigation report (A copy of the I's personal identification);

1. A report on investigation (report on the calculation of an additional collection charge) and a list of price lists of narcotics;

1. Previous convictions: Inquiry into criminal history, personal identification and confinement status, judgment of a case relating to the defendant, and application of Acts and subordinate statutes of final and conclusive data;

1. Relevant Article 60 (1) 2, and Article 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Selection of Narcotics, Etc. for Criminal Facts, and Selection of a sentence for imprisonment;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. The proviso of Article 67 of the Act on the Control of Narcotics, Etc. (1.6 million won = 1.6 million won per penphone) is well-grounded in sentencing.

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