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(영문) 인천지방법원 2014.02.05 2013고단8259
마약류관리에관한법률위반(향정)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

On April 15, 2013, the Defendant received KRW 850,000 from B to the national bank account in the name of C, upon requesting the psychotropic drugs (one-name “philopon”; hereinafter referred to as “philopon”), and subsequently, transferred KRW 850,00 to C by requesting C to seek philopon.

After that, the Defendant, near the E University located in Gyeyang-gu Incheon Metropolitan City, 0.5g of a philopon from C, and laid off the philopon to B in the vicinity of the E University.

Accordingly, the defendant assisted the trade of philophones between B and C.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol of interrogation of the police as to B;

1. Investigation report on the certificate of transactions through the Internet Bank (Attachment to the statement of account of a suspect);

1. Application of investigation reports (verification of prices for cancer transactions for narcotics, etc.) statutes;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the elective Management of Narcotics, Etc. concerning Criminal Facts and the Selection of Punishment;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. should be strictly punished in that the defendant commits a serious crime that is a broker for the trade of philphones.

However, the punishment shall be determined in consideration of all kinds of sentencing conditions, including the fact that the defendant led to the crime of this case and has no record of punishment for the same kind of crime, balance with the sentence sentenced to the accomplice, and the age and environment of the defendant.

It is so decided as per Disposition for the above reasons.

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