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(영문) 서울남부지방법원 2016.10.12 2016고단3575
마약류관리에관한법률위반(향정)
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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, he dealt with the following narcotics-related Metepoptyes (one philopon; hereinafter “philopon”).

1. On 2009, the Defendant accepted approximately 2.7 grams of philophones enclosed from D in the street room in Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu, Seoul Metropolitan Government.

2. Sale and purchase of phiphones;

A. On October 30, 2009, the Defendant received KRW 500,000,000 from E, from E, and traded a disposable injection device containing approximately 0.5g gramphones to E in the G parking lot located in the Seocho-si F on November 2009.

B. On January 20, 2010, the Defendant received KRW 700,000 from E as a philopon price, and purchased and sold a philopon with approximately one gram of philopon to E at the above parking lot on January 2010, and then purchased and sold a philopon with KRW 300,000 as a philopon price on March 4, 2010.

C. On August 10, 2010, the Defendant received KRW 700,000 from E as a philopon price, and traded a disposable philopon with approximately 0.5g of philopon to E at the above parking lot during the same month. D.

On September 6, 2010, the Defendant received KRW 800,000 from E as a phiphone price, and traded a disposable philopon to E at the Hannam-si Hannam-si logistics warehouse parking lot located in H, with approximately 0.7g of philopon.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the police interrogation protocol concerning E;

1. Statement of the police statement of E;

1. A report on internal investigation (specific date and time of crime);

1. Details of the agricultural bank account transactions;

1. Application of Acts and subordinate statutes to a report on investigation ( partial correction of facts);

1. Article 60(1)3 and Articles 4(1) and 2 subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 10786, Jun. 7, 201); the choice of imprisonment for a crime

1. The Criminal Act among concurrent crimes.

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