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(영문) 수원지방법원 성남지원 2018.11.21 2018고단1864
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Although the Defendant is not a narcotics handler, the Defendant had been aware of his name influoric mental medicine via the Internet from the stroke-mm seller, a stroke-mm, to purchase and administer the stroke-m.

On February 14, 2018, the Defendant: (a) transferred the purchase price of KRW 300,00,000 via the stroke-mm to the national bank account (D) in the name of C used by the seller in the name of the said seller at the location of the 354, Gangnam-gu, Seoul Central Financial Center, Gangnam-gu, Gangnam-gu. However, the Defendant attempted to purchase the stroke-m through the stroke-m, but failed to contact with the seller in the name of the above.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of a national bank account in C name;

1. Application of Acts and subordinate statutes to customer information replies (A);

1. Selection of Articles 61(3), 61(1)5, and 4(1), and 2 subparag. 3(d) of the Act on the Control of Narcotics, etc. under the relevant Act on the Criminal Facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that a repeated crime is considered to be an unfavorable circumstance.

However, the sentence like the order shall be determined by comprehensively taking into account the following factors: (a) the defendant is led to confession and reflect; (b) the defendant is relatively less likely to be misused or abused than phiphones; (c) the fact that he/she is living in a normal social life; and (d) the defendant's age, occupation, sex, sex, family relationship, living environment, circumstances leading to the crime; and (e) the conditions of the sentencing indicated in the record, such as the circumstances after the crime.

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