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(영문) 부산지방법원 2020.03.18 2018고단2979

마약류관리에관한법률위반(향정)

Text

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

Seized evidence No. 1 shall be confiscated.

80,000 won from the defendant.

Reasons

Punishment of the crime

On February 6, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at Busan District Court on January 15, 2016 and completed the execution of the sentence on January 15, 2016.

Even if the Defendant was not a narcotics handler, he traded or possessed psychotropic drugs-related psychotropic drugs-related Mesofts (one philophone, hereinafter “philophones”), as follows:

1. On January 18, 2018, the Defendant purchased 600,000 won from C in front of the Busan Dongdong-gu B apartment, and purchased 27,000,000 won in cash from D, and purchased 80,000 won in cash.

2. The Defendant, on January 30, 2018, carried a vinyl blick in the front and rear door of the F store in Busan Dong-gu, Busan, by means of hiding it into the flicker’s flick in the flicker’s flick.25g of flickphones.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Copy of the protocol of suspect examination of D by the police;

1. Records of seizure and the list of seizure;

1. Written appraisal of phiphones;

1. Previous records of judgment: Application of criminal history records, inquiry reports, and criminal investigation reports (verification of suspect repeated crimes)-related Acts and subordinate statutes;

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts, and selection of imprisonment with labor;

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 main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime [Determination on the Violation of the Act on the Control of Narcotics, etc. (referring to the determination of types)]. Narcotics crimes: Trading, arranging, etc. (Type 2] marijuana and perfumes;

Items c) and c.

No person [special person] [the area of recommendation and the scope of recommendation] basic area, one year to two years of imprisonment

(b) Type 2 of the crime (the violation of the Act on the Control of Narcotics, Etc.).