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(영문) 부산지방법원 2016.08.26 2016고단1312

마약류관리에관한법률위반(향정)

Text

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

1.5 million won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On September 17, 2012, the Defendant was sentenced to three years of imprisonment for a violation of the Narcotics Control Act at the Seoul Southern District Court on September 17, 2012, and on March 4, 2015, the Defendant had the same power in addition to the completion of the execution of the sentence at the Busan Correctional Institution four times more.

Despite the fact that the Defendant was not a handler of narcotics, the Defendant was parked on the front of the E-cafeteria located in Busan Southern-gu around July 2015, 2015, around July 20, 2015.

Within the F-Operation SP vehicle, the MPP sold to F, approximately 0.32g 30,000,000 won of the MPP, a local mental medicine (one philopon).

Although the Defendant, around November 26, 2015, was not a handler of narcotics, the Defendant sold narcotics, etc. to I, selling approximately 10 g of Memptotop (one philopon), a local mental medicine, to approximately 1.5 million won, at the front of the H commemorative hall located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu. On November 26, 2015.

Summary of Evidence

[2016 order 1312]

1. Statement by the defendant in court;

1. Each protocol or statement concerning the F concerning the interrogation of suspect;

1. Investigation report (F's statement on passbooks of Busan Bank, F and telephone call details, each suspect's cell phone call details);

1. Statement by the defendant in court;

1. Each statement made to I;

1. Investigation report (I and telephone call details);

1. Previous convictions in a report on investigation (additional collection): The inquiry of criminal history, the number and confinement status of each individual, the application of Acts and subordinate statutes to a report on investigation (date of release and confirmation of repeated crimes);

1. Selection of a punishment for a crime under Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. under the relevant Act, or selection of a punishment for a crime under Article 60 (1) 3 (b);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommended punishment] Trading, brokerage, etc., and the records of the same crime committed against the defendant are five times.