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(영문) 서울중앙지방법원 2015.04.08 2014고단8974
마약류관리에관한법률위반(향정)
Text

Defendant

A shall be punished by imprisonment for four months.

Defendant

A 500,000 won shall be additionally collected.

Defendant

sentence B against B

Reasons

[Criminal Power] On December 11, 2014, Defendant A was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. at the Gwangju District Court on December 11, 201, and the said judgment became final and conclusive on December 19, 2014.

Defendant

B On August 14, 2014, the Seoul Central District Court sentenced one year to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (fence) at the Seoul Central District Court, and the said judgment became final and conclusive on October 27, 2014.

【Criminal Facts】

Despite the fact that the Defendants were not the authorized person handling narcotics, the Defendants dealt with the psychotropic drugs-related Mesophical phone (one philophone; hereinafter “philophone”) as follows:

1. Defendant A: (a) around 20:00 on November 17, 2013, the Defendant parked in the vicinity of the rupture railway station No. 8 located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul; (b) around 0.15g of a penphone, enclosed to B; and (c) sold rupphones by receiving KRW 500,000 from B.

2. Defendant B purchased clophones by taking approximately 0.15g of clophones from A and giving about 500,000 won to A at the time, place, as described in the above Paragraph 1, at the time, and place.

Summary of Evidence

1. Defendant B’s legal statement (the second trial date);

1. Statement of the witness B on the second trial date; and

1. Protocol concerning the examination of a part of the prosecution against A;

1. E statements;

1. Application of each judgment, Supreme Court’s search and output, and detailed inquiry into the case; and

1. The Defendants of relevant criminal facts: Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) (each choice of imprisonment with prison labor) of the Narcotics Control Act;

1. The Defendants who commit concurrent crimes: The crimes of this case and the judgment on the violation of the Act on the Control of Narcotics, etc., which became final and conclusive, are sentenced to one year of imprisonment with prison labor, and the crimes of the above case are deemed to possess some parts of the narcotics purchased through the crime of this case.

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