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(영문) 부산지방법원 2018.04.05 2017고단6058

마약류관리에관한법률위반(향정)

Text

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

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

equivalent to the above additional collection.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, around 20:00, around June 18, 2017, the Defendant delivered approximately 0.15 g of the Mesophical drugs (one philopphone) to E, a local mental medicine, in front of the D Scam Market near Busan Young-gu, around 2017.

The defendant of "2018 Highest 555" is not a person handling narcotics.

On March 1, 2017, around 19:00, the Defendant received approximately KRW 0.7g of Mempher C, a local mental medicine, from F, and sold to F approximately KRW 150,000.

Summary of Evidence

"2017 Highest 6058"

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Copy of the police interrogation protocol regarding E;

1. Investigative report (Calculation of additional collection charges) "2018 Highest 555";

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Copy of the protocol concerning the examination of suspect with respect to F; and

1. Application of Acts and subordinate statutes concerning investigation reports (additional collection);

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., for which the relevant Act and the selection of a punishment are provided for, and Article 60 (1) 3 (b) of the same Act concerning facts constituting an offense;

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

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. [The standard market price of 100,000,000 won at 0.1g of phiphonephones and the amount of delivery 0.15g without compensation shall be calculated as 150,000 won] (the amount of sale shall be collected as 150,000 won);

1. A second-class crime on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act (amended by Act No. 334(1) / [the scope of recommendation / [the scope of punishment / [the scope of recommendation / 1-2 years] on the basis of the basic area (one year to two years), including the sale and purchase of narcotics and brokerage, etc. (the scope of punishment / the scope of recommendation / two years to be recommended] (one year to two years) on the basis of the basic area (one year to two years) (no person subject to special sentencing) (one year to two years) on the basis of multiple aggravated crimes (no person subject to special sentencing): A year to three years [decision of sentence] on narcotics-related crimes, etc. without being harming the body and mind of an individual due to addiction, sense of narcotics, etc.