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(영문) 서울중앙지방법원 2015.09.17 2015고단4617
마약류관리에관한법률위반(향정)
Text

1. The defendant shall be punished by imprisonment for three months;

2. 400,000 won shall be additionally collected from the defendant and the amount equivalent to the additional collection charge.

Reasons

Punishment of the crime

[Criminal Power] On April 25, 2013, the Defendant was sentenced to 8 months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on November 3, 2013, and completed the execution of the sentence.

【Criminal Facts】

Even if the Defendant is not a narcotics handler, he handled psychotropic drugs-related psychotropic drugs-related Mesofts (hereinafter “copon”).

1. Delivery of philophones to C;

A. On August 18, 2014, the Defendant, at around 18:00, delivered to C the amount of philophones in the dwelling of Gangnam-gu Seoul Metropolitan Government D and 1801 C, and without compensation, contained in a disposable injection machine.

B. Around December 2014, the Defendant provided the Defendant’s vehicle parked in a non-fluorial area located in Gangnam-gu Seoul (Seoul), Gangnam-gu (hereinafter referred to as “Seoul”), with the amount of philopon c free of charge.

2. Delivery of Handphones to E;

A. At around 12:00 on November 201, 2014, the Defendant granted approximately 0.03g of philopon contained in a disposable divers, free of charge, to E at the residence of Gangnam-gu Seoul, Seoul, 201 E, and at the residence of 201 E.

B. At around 12:00 on January 24, 2015, the Defendant granted approximately 0.03 g of philophones contained in a single-use folder to E without compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of each police interrogation protocol of E and C;

1. Criminal records indicated in the judgment: Application of a reply to inquiry, such as criminal records, and the current status of personal identification and expropriation;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The proviso of Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection and Provisional Payment Order, Article 334(1) of the Criminal Procedure Act [The basis for calculation of additional collection: 40,000 won = 100,000 won per penphones x 4 times] The reason for sentencing [the scope of recommendations based on the sentencing criteria] 1, 2, and 3 crimes.

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