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(영문) 부산지방법원 2012.10.11 2012고단6504

마약류관리에관한법률위반(향정)

Text

1. The defendant shall be punished by imprisonment with prison labor for a year and two months;

2. 30,000 won shall be collected from the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

On July 31, 2012, the Defendant: (a) received KRW 300,00 from D, which is a social ship, from the Plaintiff on July 23:30, 2012; and (b) sold psychotropic drugs, 0.14g, malkine, to D.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the prosecution concerning D;

1. Investigation report (as to attachment of monetary details);

1. Application of Acts and subordinate statutes to investigation reports (investigation of the current market price of Mesphere);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc., and the choice of imprisonment for a crime;

2. Grounds for sentencing in the proviso to Article 67 of the Act on the Control of Narcotics Additional Collection.

1. Standard of punishment and sentence [decision of type] Application of the standard of punishment [Determination of type] 2 types of crimes (marijus, flags, items (b), (c), etc.) among the narcotics crime group (excluding special persons): No person subject to special mitigation [Scope of recommending punishment]: Imprisonment with prison labor for not less than one year or two years (general persons): A person subject to suspension of execution of not less than two times: A person subject to general mitigation of sentence: A person subject to special mitigation of sentence who has no criminal record of the same kind of punishment (decision of sentence] within the scope of recommendation determined by comprehensively taking into account a person subject to special imprisonment and a person subject to general mitigation of sentence;

2. Application of the criteria for the suspension of execution [main reasons for the suspension of execution] There is no reason for the main pride of the suspension of execution: There is no reason for the main reason for the suspension of execution: [Decision on the area of recommendation] There is no reason for the suspension of execution: The area of both a sentence of imprisonment and an area of choice of the suspension of execution [General reasons for general pride of the suspension of execution]: The general reason for the suspension of execution which has no reason for general pride of the suspension of execution: At least