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(영문) 대전지방법원 공주지원 2014.07.04 2014고단11
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

3,200,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[criminal power] On May 19, 201, the Defendant was sentenced to one year and two months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Suwon District Court, and completed the execution of the sentence at the Seoul Southern Prison on April 25, 2012. On June 14, 2013, in the Incheon Southern Branch of the District Court, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Act on the Control of Narcotics, etc., and the judgment became final and conclusive on August 26, 2013.

【Criminal Facts】

1. On October 2012, the Defendant delivered approximately 0.3 g of philophones, which were 0.3g from a guest room in the number of Doel number in Jeju Island, to E free of charge, at the guest room in the Doel number in Jeju Island.

2. On October 2012, 2012, the Defendant: (a) provided, within a H’s vehicle parked in the GelF in front of the Gel in Jeju Island, approximately 0.3g of the penphone, which was parked in the Gel; (b) provided, without compensation, H with approximately 5g of the penphone, KRW 3 million and sold 5g of the penphone to H.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. A copy of the protocol of interrogation of the police officer with H (third time);

1. Copy of each protocol of suspect suspect of the police against E;

1. An investigation report (Attachment to a list of price lists for cancer transactions for narcotics);

1. Previous records: Application of Acts and subordinate statutes to the personal identification and confinement status (A), inquiry report (criminal record records, etc.), report on the results of confirmation of the previous dispositions (A), investigation report (Attachment to the same kind of judgment);

1. Relevant Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., for the sake of criminal facts and the selection of a sentence;

1. Article 35 of the Criminal Act among repeated offenders (in the case of a previous offense of violation of the Act on the Control of Narcotics, etc., which ends on April 25, 2012)

1. The latter part of Articles 37 and 39 (1) of the Criminal Act on the Treatment of Concurrent Crimes (the Act on the Control of Narcotics, Etc. and the Act on the Control of Narcotics, etc. and the Act on the Control of Narcotics, etc. and the Act on the Control of Narcotics, etc. and between

1. The offense of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code that increases concurrent crimes is the most bad H.

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