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(영문) 부산지방법원 2013.03.28 2012고단9492
마약류관리에관한법률위반(향정)
Text

A person shall be punished by imprisonment with prison labor for nine months and nine months, respectively, for a crime set forth in Article 2 of the judgment.

Reasons

Punishment of the crime

On November 10, 2011, the Defendant was sentenced to 10 months of imprisonment with prison labor and 2 years of suspended execution as a crime of violating the Act on the Control of Narcotics, etc. in Busan District Court's Dong Branch Branch, and the above judgment became final and conclusive on April 27, 2012.

Defendant is not a narcotics handler.

1. On April 25, 2012, around 18:00 on April 25, 2012, the Defendant purchased a philopon in the manner that the Defendant purchased approximately 0.7g 0.7 gram of psychotropic drugs, namely, psychotropic drugs, from E, in the Defendant’s car parked near the Jindong-dong-dong-dong-dong, by the arrangement of D in the Defendant’s car, and pays KRW 500,000,000.

2. On May 2012, on May 2012, the Defendant purchased Handphones from D at around 15:00 on the first day of May 2012, 201, at the Defendant’s house located in Busan District Office, 0.7 grams from D and paid KRW 500,000.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statements of the defendant in the first protocol of trial;

1. The statement of witness G (name before the opening of the name: E);

1. Statements made by witnesses D in the second protocol of the trial;

1. Partial statement of the suspect examination protocol of the defendant by the prosecution;

1. Each prosecutor's statement concerning D;

1. A copy of each letter;

1. Data on telephone details;

1. Investigation report (related to the market price of mert cancers, etc.);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of written judgments);

1. Articles 60(1)3 and 4(1), and 2 subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201; hereinafter the same) concerning criminal facts

1. The latter part of Articles 37 and 39 (1) of the Criminal Act dealing with concurrent crimes (the crimes of Article 1 and the crimes of violation of the Act on the Control of Narcotics, etc., for which judgment has become final);

1. The amount of the penphone purchased by the defendant in the reason of sentencing under the proviso of Article 67 of the former Act on the Control of Narcotics, Etc. (the purchase price of paragraphs 1 and 2 of the above Article) reaches a considerable degree and the same kind.

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