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(영문) 부산지방법원 2015.12.29 2015고단5828
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

400,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On April 10, 2013, the Defendant was sentenced to one year and six months as a crime of violating the Act on the Control of Narcotics, Etc. in the Jeonju District Court’s Gunsan Branch on April 10, 2013, and was punished for the same crime in the Busan Prison on July 22, 2014, and was punished six times.

1. Around 03:05 on June 19, 2015, the Defendant purchased and sold approximately 0.05 grams of psychotropic drugs from F, psychotropic drugs, in Echip XG car, which stopped in front of the D’s singing book located in Busan, Busan, and purchased and sold narcotics, etc., at KRW 400,000.

2. Even if the Defendant is not a handler of narcotics, at the Defendant’s house located in Nam-gu Incheon Metropolitan City Galet A 1302 at the end of June 2015, the Defendant administered the philopon, as described in paragraph 1, in coffee.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A certified copy of each protocol of examination of F;

1. Investigation report (the call details data and the details of deposits and withdrawals from Busan Bank);

1. Criminal records before a report on investigation (in relation to collection): References to criminal records, inquire of the details of criminal records, and application of Acts and subordinate statutes of the report on investigation;

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. under Relevant Acts concerning criminal facts, and choice of imprisonment;

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

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. A sentence of imprisonment shall be imposed in light of the reason for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommendations] medication, simple possession, etc., of Type Three (1 to 3 (1 year) (2) and (3)) of the Act on the Control of Narcotics, etc.] of the aggravated area (1 to 3 years) [the decision of a sentence] of the same criminal record (2 to 3 years or less] of the defendant, the fact that the defendant has many criminal records and

However, the fact that the defendant is against the defendant, the fact that the defendant voluntarily attended the investigation agency, the age, environment and health of the defendant.

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