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(영문) 서울서부지방법원 2016.02.02 2014고단3584
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

3,250,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection.

Reasons

Punishment of the crime

[criminal history] On October 24, 2013, the Defendant was sentenced to one year to imprisonment with prison labor for a violation of the Narcotics Control Act at the Jung-gu District Court on the part of October 24, 2013, and the said judgment became final and conclusive on May 30, 2014.

[Criminal facts] The defendant is not a person dealing with narcotics, and is not a person dealing with narcotics, so he shall not trade a local mental medicine

Nevertheless, the Defendant received KRW 1 million from B on June 11, 2012, from around 15:49, and sold approximately KRW 1.7 gramphones to B over eight times from June 11, 2012 to July 2013, 2013, by inserting approximately 0.5g of flapphones (hereinafter referred to as philopphones) which are a psychotropic drug contained in a single-use in the D Beauty room operated by B in Seodaemun-gu Seoul, Seodaemun-gu, Seoul at around 22:0 on the same day.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Copy of the protocol concerning the examination of suspect B by the prosecution; and

1. Copy of protocol concerning the examination of suspect B of the police; and

1. A criminal investigation report (Submission of details of passbook transactions) - accompanying documents;

1. Previous convictions in judgment: Inquiry about criminal history, investigation reports (report on confirmation of the date of confirmation of the judgment of the suspect), details of search of attached integrated cases, application of statutes of the judgment;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. under the relevant Act on criminal facts;

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 to Article 67 of the Narcotics Control Act;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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