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(영문) 부산지방법원 2018.10.26 2018고단2100

마약류관리에관한법률위반(향정)

Text

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

1950,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

피고인은 법률에 따라 당국의 허가 나 지정을 받은 마약류 취급자가 아님에도 불구하고 아래와 같이 마약류에 속하는 향 정신성의약품인 메트 암페타민 [Methamphetamine, 일명 ‘ 필로폰(ヒロポン, Philopon)’, 이하 ‘ 필로폰’ 이라 한다] 을 취급하였다.

1. On January 18, 2018, the Defendant, on January 18, 2018, transferred KRW 950,000 from D to the Defendant’s bank account (F) in front of the “C” located in Busan Dong-gu, Busan, to the Defendant’s bank account (F) around 23:30 on January 18, 2018, sold and purchased 1g of phiphone.

2. The Defendant, on January 30, 2018, operated by the Defendant on January 30, 2018, which was parked in the front of Busan Dong-gu G around 12:00 around January 30, 2018

H The franchise was transferred KRW 1 million from D to the above E bank account from D, and trading approximately KRW 1g of philophone to it.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect with respect to D;

1. Application of Acts and subordinate statutes to a criminal investigation report (timely 6), various transaction details, and copies of an appraisal report;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection of and Management of Narcotics, Etc. for Crimes ( punished by imprisonment)

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. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of the recommended punishment] / The mitigated area (6 months to 1 year and 6 months) / The final sentencing scope due to the aggravation of multiple crimes for important investigation cooperation: six months to 2 years / the above sentencing scope according to the sentencing guidelines / the above sentencing period / the six months to 3 months / the above sentencing period / the sentencing period / the sentencing period / the sentencing period / the sentencing period / the sentencing period / the sentence / the sentence / the sentence / the sentence 50 or more, so the social maliciouss of the defendant due to the crime of this case are large, while there are no criminal records of the same kind.