beta
(영문) 전주지방법원 2013.03.21 2013고단421

마약류관리에관한법률위반(향정)

Text

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

3,500,000 won shall be additionally collected from the defendant.

Reasons

Criminal facts

On June 9, 2011, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at Busan District Court on May 6, 201, and completed the enforcement of the sentence on May 6, 2012.

Defendant is not a narcotics handler.

On June 11, 2012, at the real estate brokerage office of the Defendant’s real estate operation located in Busan Shipping Daegu C, the Defendant confirmed that it is possible to purchase the phone through E upon request from D to purchase approximately 15 grams of 15,000,000,000 from D to purchase the phone, and around 18:00 on the same day, at around 18:00,000,000 won received from E for approximately 15 grams of 15 grams from the front side of the Busan High-gu, Busan High-gu, Busan High-gu, and around 20:40 on the same day, D received approximately 100,000 grams and 5,000,000 won from E in front of the Busan High-gu, Busan High-gu, about 20:40 on the same day.

Accordingly, the defendant assisted the above D and E to trade philophones.

Summary of Evidence

1. Defendant's legal statement;

1. The third protocol concerning the interrogation of the accused by the prosecution;

1. Statement of each prosecutorial statement concerning E;

1. Each investigation report (specific report on the date and time of crime, analysis report on the currency details of June 11, 2012 related to the specification of the purchaser of phiphones, H subscriber to the use of philophones, and report on the price of philophones transaction);

1. Previous records: Application of criminal records, and investigation reports (the confirmation of the date of final release of a suspect, the confirmation of the previous records of his/her release, the previous records of his/her previous records of his/her disposition, and the filing of a

1. Relevant Article of the Criminal Act and Articles 60 (1) 2 and 4 (1) 1 of the Act on the Control of Narcotics, Etc., for the elective Punishment of Crimes;

1. Article 35 of the Criminal Act among repeated crimes;

1. The Defendant committed the instant crime during the period of repeated crime, even though he had been sentenced twice for the same crime, despite the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (excluding KRW 500,000,000,000,000,000,000) for the reason of sentencing, even though he had been sentenced twice for the same crime, and the instant crime was committed.