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(영문) 부산지방법원 2018.06.20 2018고단1980
마약류관리에관한법률위반(향정)
Text

1. The defendant shall be punished by imprisonment for two years;

2. One plastic paper paper (Evidence.....) containing approximately 3.62 g of seized cropers. 3.62 g.

Reasons

Punishment of the crime

1. On November 28, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Daegu District Court on the part of November 28, 2014, and completed the execution of the sentence on July 7, 2016.

2. The Defendant is not a handler of narcotics as prescribed by the Narcotics Control Act.

(a) on April 25, 2018, at D Large Room located in Daegu Dong-gu, Daegu-gu, Daegu-gu, selling to E approximately KRW 400,00,000 for 1g of Metepop (one philopon) a local mental medicine;

(b) administer, on April 29, 2018, approximately 0.03g of Metetrapia in its own house located in Daegu hydro-gu F, Daegu hydro-gu, 2018, with the cryp of 0.03g of Metepia to the coffee;

C. Around May 1, 2018, around 18:45, G G was put in the Meptians, approximately 3.62 g of Mept A, in front of H located in G, and the Meptians.

Summary of Evidence

1. Crimes indicated in judgment;

(a) Statement by the defendant in court;

(b) Copy of the protocol concerning the interrogation of suspect E;

(c) Each police seizure protocol;

(d) each request for appraisal.

2. The records of the offense;

(a) An inquiry report;

(b) A copy of each judgment;

C. Application of statutes on the status of individual expropriation

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts (or choice of imprisonment);

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

3. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes provided for in the crime due to the sale of the hot mert mpers, the circumstances of which are the largest).

4. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics, Etc., and Article 48 (1) 1 of the Criminal Act.

5. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. [the amount to be collected: 500,000 won (=the amount equivalent to 100,000 won for a quantity equivalent to the market price of a quantity to be administered once for merpt amba)];

1. The scope of applicable sentences under law: Imprisonment for one month to 30 years; and

2. Scope of the recommended punishment according to the sentencing criteria;

(a) Basic crime: Determination of the type of violation (i) of the Act on the Control of Narcotics, etc. by Sale of Mepters;

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