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(영문) 부산지방법원 2015.08.13 2015고단2524

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On April 3, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Military Service Act at the Busan District Court, and the said judgment became final and conclusive on April 20, 2015.

【Criminal Facts】

1. On December 24, 2013, the Defendant: (a) transferred KRW 700,000,000,000,000,000,000 psychotropic drugs, to the Agricultural Cooperative account in the name of C, and sold narcotics, etc. after having transferred approximately 0.8 grams from F in front of the E store in Busan, Seo-gu, Busan, around 22:00 on the same day.

2. Around 03:00 on December 25, 2013, the Defendant, who is not a narcotics handler, placed a vehicle in the vicinity of the Bridge located at the bottom of the Busan Bridge, and administered 0.03g of philopon in the water.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the prosecution of the accused concerning the interrogation of the suspect (including the F substitute part);

1. The prosecutor's statement concerning the F;

1. A certified copy of the transaction statement of the agricultural cooperative account;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment of cases under detention);

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. concerning the relevant criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. Additional collection for the reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.: The second crime that has no basic area (10 to 2 years) (10 to 2 years) of types 3 (in the case of items (b) and (c) of the items (10 to 3) of the Act on the Control of Narcotics, etc.) [the scope of recommending punishment] in the area of mitigation (8 to 16 months) (8 to 106 months), such as marijuana, native affairs (b) and (c) of the Act on the Control of Narcotics, etc.) in the area of mitigation (8 to 100] in the area of mitigation (8 to 16 months), the scope of final sentence due to the purchase for medication, simple possession, etc., or the aggravation of acceptance