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(영문) 부산지방법원 2014.10.24 2014고단6708

마약류관리에관한법률위반(향정)

Text

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

60,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On September 23, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at Busan District Court on September 23, 201, and completed the execution of the sentence on November 23, 2012.

1. On July 25, 2014, around 20:00, the Defendant sold approximately 0.4g of psychotropic drugs, to E, approximately 0.4g of psychotropic drugs, at least 500,000, to E, for sale of narcotics, etc.

2. On July 28, 2014, around 16:00 on July 28, 2014, the Defendant administered narcotics, etc., Mauritius in the water at the Defendant’s home located in the Gangseo-gu Busan Metropolitan Government F, and Maurius in the water.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Copy of each protocol of suspect suspect of the police against E;

1. Investigation report (on accompanying statement of currency);

1. An explanatory note (an explanatory note);

1. Data on investigation reports (report on calculation of additional collection charges), and monthly trends of narcotics;

1. Previouss before and after judgments: Application of criminal records, replys to criminal records, judgments, reading records, and other Acts and subordinate statutes;

1. Relevant Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., for which the relevant Article of the Act and the selection of a sentence are applicable to the crime, and the choice of imprisonment for

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

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

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is that the Defendant committed the instant crime without being aware of the fact that he was sentenced to five times of punishment for the same kind of crime, and that he again committed the instant crime without being aware of the fact that he was in the period of repeated crime for the same crime. The instant crime was committed not only by the Defendant, but also by selling narcotics to others, but also by selling narcotics from 0.4g to others, the circumstances after the commission of the crime are not good, and the narcotics have a great harm to society, and thus, it is highly necessary to punish narcotics-related crimes.