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(영문) 부산지방법원 2018.10.30 2018고정137

마약류관리에관한법률위반(향정)

Text

The defendant shall be exempted from punishment.

300,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On October 6, 2009, the Defendant was sentenced to one year and two months of imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court, and the judgment became final and conclusive on June 24, 2010. On July 23, 2014, the Defendant was sentenced to four years and six months of imprisonment with labor for the same crime at the Busan High Court, and the judgment became final and conclusive on July 31, 2014. On February 2, 2017, the Defendant was sentenced to two years of imprisonment with labor for the same crime at the Busan District Court and became final and conclusive on July 18, 2017.

Around March 25, 2008, the Defendant, even if not a narcotics handler, sold a chroopon which was 100,000 won from D near the gas station located in Nam-gu Busan Metropolitan City, and sold a chroopon (the half of the injectropon), which is a local mental medicine, (the half of the injectropon).

Summary of Evidence

1. Partial statement of the witness D;

1. A protocol concerning the interrogation of suspects of E;

1. Previous convictions: Inquiry into criminal records and investigation records, and application of each of the court rulings (No. 27 No. 5 of the evidence list);

1. Article 60(1)3 and Articles 4(1) and 2 subparag. 4(b) of the Act on the Management of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201; hereinafter the same shall apply) on criminal facts and Articles 60 subparag. 3 and 4(1)3 and 2 subparag. 4(b) of the former Act on the Management of Narcotics, etc., for which the relevant criminal facts are selected

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The latter part of Article 39 (1) of the Criminal Act exempted from punishment;

1. The proviso to Article 67 of the former Act on the Control of Narcotics, Etc.;