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(영문) 대구지방법원 포항지원 2016.08.10 2015고단1326
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for two years.

952,50 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On November 14, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Seoul High Court on November 14, 2013, and completed the execution of the sentence on July 28, 2014.

On April 23, 2015, the Defendant issued D’s house located in C and 305 on April 23, 2015 to D about 100 grams, a local mental medicine, and accepted a local mental medicine.

Summary of Evidence

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. Some statements concerning E in the police and the suspect examination protocol of the prosecution;

1. The trial records (No. 417) at the order of 2015, No. 417, D1 at the order of the court of first instance, and the trial records at least once to three times;

1. (No. 417 of the order of 2015) The CDs and records of Defendant D’s newspapers among three times the trial records;

1. Decision of the court of Grade D 1 or 2;

1. Each protocol of seizure and the list of seizure;

1. Investigation report (related to F's statement that A was aware that he was subject to police tracking), investigation report (Attachment of D's currency details), investigation report (Attachment of D's statement), investigation report (Attachment of two copies of seizure sheet), investigation report (Attachment of two copies of seizure sheet), and investigation report (Report on the calculation of additional collection charge);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on attachment of existing written judgments by a suspect), personal identification and current status of acceptance by each individual;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

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

1. The proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the basis for calculation of the amount of the additional collection: 952,50 won = [6.35g (100g - 93.65g from D) x 150,000 won] of the Act on the Control of Narcotics, Etc., issued by the public prosecutor, and the public prosecutor sought the additional collection of KRW 15,000,000 equivalent to the market price of the entire 10g Mesamins, which is issued by the defendant. However, if all or part of the narcotics were confiscated from the owner or the last possessor, the part of the value of the confiscated narcotics, etc. is the same as that of the actual confiscation even in relation to other persons (Supreme Court Decision 209 June 6, 200

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