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(영문) 광주지방법원 2014.10.23 2014고단3278
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for four months.

1,800,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The Defendant, who is not a person handling narcotics, did not deal with the psychotropic drugs, such as a single-name clickphone, and sold clickphones as follows, even though the Defendant did not deal with the clickphones (hereinafter “lickphone”).

1. On September 1, 2013, the Defendant, at around 23:59, sold a penphone with approximately 600,000 gramphones, after receiving KRW 600,00 from F, in the room room of the E hotel located in Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu.

2. At around 22:00 on the first day of January 2014, the Defendant: (a) received KRW 600,000 from the above F in the office of “H Credit Business”; and (b) sold 1g of philophonephones in the form of a yellow phone, from the office of “H Credit Business” in Geumcheon-gu Seoul Metropolitan Government.

3. On January 22, 2014, at around 22:00, the Defendant, at the entrance of the mutual influorial telephone near Guro-gu Seoul Metropolitan Government I, received KRW 600,000 from the above F, and sold 1 gramphonephones.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made by the prosecutor of the suspect examination protocol against the defendant, F, J, and K;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. (Selection of Imprisonment) concerning the relevant criminal facts and the selection of punishment;

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

1. In view of the fact that the Defendant, on November 30, 201, committed a crime of violation of the provisions of the proviso of Article 67 of the Act on the Control of Narcotics, Etc., in the Seoul Southern District Court (hereinafter “Seoul Southern District Court”), who was sentenced to one year of imprisonment and two years of suspended execution, as a result of the crime of violation of the Act on the Control of Narcotics, etc., and the said judgment became final and conclusive on December 8, 2011, and was in the period of suspended execution, the Defendant committed a crime of selling phiphonephones as stated in

However, the defendant reflects his mistake in depth and repents, and the defendant on February 20, 2014, Gwangju District Court 2014Mo437.

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