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(영문) 서울동부지방법원 2012.10.10 2012고단2240

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

300,000 won shall be additionally collected from the defendant.

Reasons

Criminal facts

On December 24, 2009, the Defendant of criminal records was sentenced to 10 months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on December 24, 2009, and on April 29, 2010, in addition to the completion of the enforcement of the sentence in the net prison on April 29, 201,

Criminal facts

On July 20, 2012, the Defendant arranged to trade psychotropic drugs between D and E in front of the Gwangjin-gu Seoul Special Metropolitan City C market, and, in return, delivered approximately 0.15 g of Handphones received from E (the indictment of detention on July 24, 2012) free of charge.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the protocol concerning the examination of suspect concerning F by the prosecution;

1. Statement made by the prosecution with respect to F;

1. Investigation report and monthly trends;

1. Previous convictions: Criminal records, investigation reports, and application of statutes governing judgment;

1. Relevant Article of the Criminal Act and Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., and Selection of Imprisonment with prison labor;

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

1. The defendant's reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. without any reflectivity, even during the period of repeated crime, has been engaged in the crime of this case, and the same punishment power was several times in addition to the crime of this case, and the defendant delivers the penphone in return for mediating the sale of the penphone to F, and there are good circumstances such as the defendant's intervention, and the defendant completely denies the crime in the course of investigation.

However, in determining the punishment against the defendant, the defendant is late against the defendant, cooperates in the investigation, the amount of the penphone handled is not much high, and the family relationship of the defendant is considered.

[The aggravated section of the type 2, such as arranging sales in accordance with the sentencing guidelines for narcotics crimes, shall be the same as the previous section within three years as a special weight factor.