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(영문) 부산지방법원 2015.01.06 2014고단8685

마약류관리에관한법률위반(향정)

Text

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

850,500 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On November 29, 2012, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Control of Narcotics, Etc. in the Daejeon District Court on November 29, 2012, and the execution of the sentence was completed in the Gwangju Prison on October 9, 2013, and the same criminal records were six times, and on July 28, 2014, the Defendant was detained in the Busan District Court for the same crime and was under one year and six months of imprisonment in the first instance trial.

Notwithstanding that the Defendant is not a person handling narcotics:

1. On December 18, 2013, around 01:00, to deliver and receive approximately 0.35 g of psychotropic drugs, which are psychotropic drugs contained in a one-time injection machine, to LVs located in the city operated by the Defendant who stops on the roads near the Busan taxi platform located in the Seocho-gu Busan Metropolitan City (hereinafter referred to as the “copon”) in the city operated by the Defendant; and to deliver and receive them without compensation, approximately 0.35g of psychotropic substances contained in the one-time injection machine;

2. On January 11, 2014, around 18:30, in Busan Dong-dong, sent a disposable stuff containing approximately 0.35 g of philopon using KTX train freight at the Busan Dong-dong-dong Busan, and L receives it by allowing L to receive it from the Daejeon Dong-dong-dong-dong-dong-dong-dong-dong-gu-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si

3. On March 16, 2014, around 09:40, L, who sent approximately 0.35g opphones to the KTX Cargo Center in the same way as the Busan Station, received them by allowing L, at around 11:40 on the same day, to receive them from the GTX Cargo Center.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of the accused in L's statement in the second interrogation protocol of the prosecution;

1. Copy of a protocol of suspect examination of L;

1. Investigation report (calculated on additional charges), and monthly trend of narcotics;

1. Previous records of judgment: Criminal records, inquiry reports, judgments, and the application of Acts and subordinate statutes as a result of screening prisoners;

1. The punishment of Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., and the choice of a sentence for a crime, shall be applied.