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(영문) 대전지방법원 2014.09.24 2014고단711

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

70,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

On December 28, 2012, the Defendant sentenced one year and two months to imprisonment for violation of the Narcotics Control Act at the Daejeon District Court on December 28, 2012, and completed the execution of the sentence in the Daejeon Correctional District Court on June 3, 2013.

Even if the Defendant is not a narcotics handler,

A. On July 18, 2013, after receiving D’s request to seek psychotropic drugs-related psychotropic drugs (one philophone, hereinafter referred to as the “philophone”), contact D with E, and call D to buy philophones. On the street in front of the Seongbuk-dong, Daejeon on the same day, he 70,000 won as the price for purchase of philophones from D, and then arrange for the purchase of philophones to E from the vicinity of the above Sungnam-dong Association to use 70,000 won for the purchase of philophones to E and to those waiting for the nearby area with approximately 0.7 g of philophonephones.

(b) on the same day, in front of the Sungnam church, approximately 0.03g of philophones in return for arranging the trade of philophones from D and administered them in a way of drinking water riding.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of police suspect regarding D;

1. Copies of the statement of co-offenders D and currency;

1. Copies of the written request for appraisal, written report on inquiry, and report on narcotics requests for appraisal;

1. Previous convictions in judgment: Application of criminal history records, investigation reports, and Acts and subordinate statutes;

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 offenders (Article 35 of the Act on the Control of Narcotics, Etc. in the Market);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes as provided for in the Act on the Control of Narcotics, Etc. as provided for in paragraph (a) of the same Article with heavier Crimes);

1. The proviso of Article 67 of the Act on the Management of Narcotics, etc. for Additional Collection;