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(영문) 부산지방법원 2013.03.28 2012고단6261
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

5,700,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On August 13, 2007, the Defendant was sentenced to three years and six months of imprisonment for a violation of the Act on the Control of Narcotics, etc. at the Chuncheon District Court, and completed the execution of the sentence in the official prison on August 27, 2010, and on April 6, 2012, the Defendant was sentenced to ten months of imprisonment for a violation of the Act on the Control of Narcotics, etc. at the Changwon District Court’s Tongwon District Court’s cable branch, and the said judgment became final and conclusive on April 14, 2012.

Defendant is not a narcotics handler.

1. On December 19, 201, at around 22:05, the Defendant: (a) translocked in the D cafeteria in front of the D cafeteria located in the Busan East-gu, Busan-si; (b) received cash of KRW 600,000 from E within a passenger car and entered E for a disposable injection machine;

0. 15 grams were sold by hanging them.

2. At around 16:00 on December 20, 201, the Defendant sold KRW 5,100,000 in cash from E at the same place as above 16:00, and sold 10 grams of philophonephones contained in vinyl paper to E.

Summary of Evidence

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

1. Witness F;

1. Statements of witnesses E in the second protocol of the trial;

1. Each protocol of suspect examination of the accused, F, and E by the prosecution and copies thereof;

1. Copies of police seizure records;

1. Investigation report (report accompanied by a copy of a bankbook, and investigation, etc. of the market price of the Mesphere cancer);

1. Before judgment: Criminal records and investigation reports (the confirmation report on the date of the final release and the date of confinement related to the facts of confinement);

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) concerning criminal facts

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

1. The latter part of Articles 37 and 39 (1) of the Criminal Act dealing with concurrent crimes (trade between the crimes and the violation of the Act on the Control of Narcotics, etc., which was finalized on April 14, 2012 as indicated in the judgment of the court below);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Decision 60,000 won for the sales proceeds under paragraph (1) of Article 67 of the Act on the Control of Narcotics, Etc.

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