logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.12.08 2017고단2790
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

On October 13, 2014, the Defendant was sentenced to eight months of imprisonment for a violation of the Electronic Financial Transactions Act, etc. in the Busan District Court’s Branch Branch Branch, and completed the execution of the said sentence on June 12, 2015. On November 29, 2016, the Defendant was sentenced to two years and six months of imprisonment for fraud, etc. from the Suwon Branch, and the judgment became final and conclusive on December 7, 2016.

Defendant is not a narcotics handler.

1. On August 25, 2015, the Defendant advertised that he sells phiphones on the Internet, intended to purchase 0.35g phiphones from “C” selling phiphones, and transferred 300,000 won of phiphones to an account in the name of the non-indicted designated by C, which is the place designated by C, with a 0.35g of phiphones contained in the phiphones attached under the phiphones from the D basin underground toilets located in Incheon Bupyeong-gu, Incheon, which is the place designated by C, and traded phiphones with a 0.35g of phiphones.

2. On August 2015, the Defendant: (a) purchased and sold 100,000 won of philopon 0.1g of philopon, which is contained in a single-use folder, in the street near the FF distance in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; and (b) purchased and sold philopphones.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made to the defendant in each protocol concerning the suspect interrogation of the police;

1. Entry of a copy of each protocol concerning the examination of suspect of the police in G;

1. Each statement of each appraisal report and mobile phone call details;

1. Previous records: Application of the Acts and subordinate statutes in which personal confinement and criminal records are recorded;

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. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That the proviso to Article 39 (1) shall apply;

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. Article 67 of the Act on the Management of Narcotics, etc. for Additional Collection;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the defendant's previous convictions of the same kind of punishment No. 7, and the period of repeated crimes is the same.

arrow