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(영문) 수원지방법원 안양지원 2016.08.25 2016고단672

마약류관리에관한법률위반(향정)

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

40,000 won from the Defendants.

Reasons

Punishment of the crime

Defendant

On February 6, 2014, A was sentenced to imprisonment for a violation of the Narcotics Control Act in the Busan District Court on February 6, 2014, and the execution of the sentence was terminated on January 5, 2015.

Defendant

B On February 6, 2014, the Busan District Court sentenced one year and six months of imprisonment for a violation of the Narcotics Control Act (competence) at the Busan District Court, and completed the execution of the sentence on January 28, 2015.

1. On August 2015, Defendant A received KRW 400,000 from E and sold one gram of Mept Mepter (hereinafter “Melopon”) to E by introducing 400,000 won from the Melopter to the Melopteran Airport of Gangseo-gu, Busan Metropolitan City (hereinafter “Melopon”).

2. Defendant B: (a) received the request from the above E to request for a philophone, and (b) on August 2015, Defendant B arranged the sale of philophones so that A would receive KRW 400,000 from E and sell 1g of philophones to E, as described in paragraph (1), to the above Kimhae Airport, along with the first patrolman, as described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol concerning the examination of suspects of E by the prosecution;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as each criminal history, and each investigation report (Attachment to the sentences of the judgment, such as the suspect B, and the personal identification and acceptance status) (Attachment to the suspect A's previous records, etc. and the current status of identification and acceptance);

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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

1. The proviso to Article 67 of the Act on the Management of Narcotics, etc. for Additional Collection;

1. Based on the grounds for sentencing of Article 334(1) of the Criminal Procedure Act, the circumstances constituting the sentencing conditions, such as the following circumstances and the defendants’ age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by the Criminal Procedure Act.

1. The defendant A’s unfavorable circumstances: the defendant has already committed a violation of the Management of Local Mental Medicines Act.