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(영문) 부산지방법원 2017.09.21 2017고단3545

마약류관리에관한법률위반(향정)등

Text

[Defendant A] The defendant shall be punished by imprisonment with prison labor for a year and two months.

450,000 won shall be additionally collected from the defendant.

The amount of the above additional collection.

Reasons

Punishment of the crime

[criminal history] On October 22, 2015, Defendant A was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on July 29, 2016, and the execution of the sentence was terminated on July 29, 2016, and on June 23, 2017, Defendant A appealed after being sentenced to one year for a violation of the Narcotics Control Act at the Busan District Court on June 23, 2017.

Defendant

On November 1, 2013, F was sentenced to three years of imprisonment for a violation of the Narcotics Control Act in the Busan District Court on July 20, 2016, and the execution of the sentence was terminated, and on June 9, 2017, F appealed after being sentenced to one year of imprisonment for a violation of the Narcotics Control Act in the Busan District Court, but the appeal was dismissed.

"2017 Highest 3545": Defendant A dealt with narcotics, etc. despite the fact that the Defendant is not a narcotics handler, as follows:

1. On December 12, 2016, the Defendant received 300,000 won from H to the Defendant’s post office account (Account Number: I). On December 13, 2016, around 06:00, the following day, the Defendant: (a) sold a single camphone, one of which consists of approximately 0.5 g of a single camphone, which is a primary mental medicine, to H, in the vicinity of K located in the Busan East-guJ on December 13, 2016.

2. On February 2, 2017, the Defendant received 150,000 won from H around M in Busan, Busan, and sold 0.4g of philopon to H, and sold 0.4g of philopon to him.

Around November 18, 2016, Defendant A had been accommodated in the above guest room on November 17, 2016, which was operated by the victim'sO located in Busan Northern-gu, Busan-do around November 18, 2016. Thus, Defendant A had to take care of around 12:00 on November 18, 199 of the previous year. However, Defendant A had to take care of “the time of leaving the room so far” from the victim who had continued to stay in the above guest room, such as eating.