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(영문) 창원지방법원 진주지원 2013.07.24 2013고단336
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On June 30, 2011, the Defendant was sentenced to one year to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. in the Changwon District Branch Branch, and completed the execution of the sentence on February 24, 2012. On January 8, 2013, the Defendant was sentenced to ten months for a violation of the Act on the Control of Narcotics, etc. in the Changwon District Branch, and the said judgment became final and conclusive on April 12, 2013.

On August 3, 2012, the Defendant, in collusion with C on August 21, 2012, purchased approximately 10 g 3,000,000 won from D, which is psychotropic drugs in the Defendant’s character car that was parked in the 662 Kimhae-dong Kim Jong-dong, Kim Jong-dong, Kim Jong-si.

Summary of Evidence

1. Legal statement of witness D;

1. A protocol of examination of part of the defendant by prosecution;

1. A copy of the interrogation protocol of the prosecution concerning C;

1. Letters;

1. Court rulings No. 2013 Highest 1623;

1. Previous records: Criminal records, investigation reports (verification of the expiration date of punishment and attachment of judgment, etc.), investigation reports (Attachment of judgment), copy of judgment, and application of Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1), subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act concerning facts constituting an offense, and Article 60 (1) 3 of the Act on the Selection and Management of Narcotics, Etc.;

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Management of Narcotics, Etc. has committed again the crime of this case during the period of repeated crime for the same crime. Nevertheless, the defendant did not have an attitude of denying and opposing the crime by a vindicationless defense that is not persuasive. The punishment shall be determined as ordered in consideration of equity with the case where the judgment becomes final and conclusive simultaneously with the case where the judgment is to be judged, and various sentencing conditions

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