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(영문) 춘천지방법원 2016.05.31 2016고단40
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for four months.

1,300,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[criminal record] On February 6, 2013, the Defendant was sentenced to one year and two months of imprisonment with labor for a violation of the Narcotics Control Act at the Incheon District Court on February 19, 2014, and the execution of the sentence was terminated on February 19, 2014. On August 28, 2015, the Defendant was sentenced to one year and six months of imprisonment with labor for a violation of the Narcotics Control Act at the Youngcheon District Court’s Yeongdeungpo Branch’s monthly support, and the judgment became final and conclusive on March 24, 2016.

[Criminal facts] The Defendant is not a narcotics handler

At around 19:30 on June 14, 2015, the Defendant received KRW 1.3 million in cash from E for the purchase price of Mepters (one penphone, hereinafter referred to as "philopon"), a local mental medicine, at the center of D Hospital in the vicinity of the Southern-gu Incheon Metropolitan City C, and requested F to deliver the said cash amount of KRW 1.3 million to F and seek a penlopon, and around 02:20 on June 15, 2015, the Defendant received approximately 1.2g from the front of the citizen park in the Southern-gu Incheon Metropolitan City, to transfer the Melopon to F, and then delivered it to E for approximately 1.2g of Melopon from the front of the citizen park in the south-gu, Incheon Metropolitan City.

And F, around 10:20 on June 16, 2015, up to 10:20 on 10:0, 2 of a disposable injection machine for E containing approximately 1.6g of philopon from the front side of H located in Nam-gu Incheon Metropolitan City.

As such, the Defendant assisted the trade of philophones between E and F.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspects of E by the prosecution;

1. Collection: A report on the market price to calculate an additional collection charge; and

1. Previous convictions as indicated in the judgment: Inquiry about criminal history, investigation reports (verification of the date of release), personal identifications and confinements, summary information report of the case, and copies of each written judgment (Jcheon District Court's Young Branch's High Court's High Court's High Court's High Court's High Court's 2015 High Court's High Court's 2015No 937

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 37 of the Criminal Code for the Treatment of Concurrent Crimes

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