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(영문) 수원지방법원 2015.09.21 2015고단3456
마약류관리에관한법률위반(향정)
Text

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

1,100,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On October 13, 2011, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on July 16, 201 and completed the execution of the sentence.

【Criminal Facts】

Despite the fact that the Defendant is not a person handling narcotics, the Defendant dealt with the psychotropic drugs-related Mesofts (i.e., one philopon; hereinafter referred to as “philopon”), as follows:

1. On January 8, 2015, the Defendant: (a) transferred KRW 100,000,000 from C with the opon; (b) sold the copon box in the KTX East-gu, Daegu-ro, Daegu-ro, 550 on the same day; and (c) sold the copon box to C in the manner of drying up the copon box containing 0.5g of opon.

2. At around 22:00 on April 2015, the Defendant administered philophones by inserting 0.05g opphones into a single-copon injection machine, dilution them with the Defendant’s arms blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the prosecution against C;

1. A written appraisal (number 20);

1. Account transactions, currency transactions, etc.;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries into criminal records, copies of written judgments and prison records;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Protection of Narcotics, Etc., and Selection of Imprisonment with labor concerning facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc.: The period of punishment shall be within three years from the same criminal records [the scope of recommendations] and the aggravated area (one year to six years), such as medication, simple possession, etc. (one year to three years) of the same criminal records [the period of suspension of execution not exceeding three years] and the aggravated area (one year to three years) of Type 2 (marijuju, one year to six (b), item (c), etc.).

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