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(영문) 대전지방법원 2017.06.22 2016고합469
마약류관리에관한법률위반(향정)
Text

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

12,000,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

On January 20, 2017, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Punishment of Acts, such as the Mediation, etc. of Commercial Sex Acts, and for a violation of the Narcotics Control Act, and on May 11, 2017, the said judgment became final and conclusive.

Although the Defendant is not a narcotics handler, on March 11, 2015, received approximately two grams of Hub drugs, a local mental medicine drug, non---ABCHACA (AB-CHACA; hereinafter “AB-SAAAA”) and sent by E in high-speed bus baggage, around 14:50,000 on March 11, 2015, and then deposited 40,000 won into the account designated by the above E and traded B-SA under its price, as shown in the attached list of crimes, according to the records as shown in the attached list of crimes, it is apparent that the entry of “G” in the column Nos. 17 and 23 is a clerical error of “H”, and thus, it is corrected ex officio to the extent that the Defendant’s right to defense is not impeded.

On March 11, 2015, from around August 4, 2015 to around August 4, 2015, approximately KRW 60g of B-B in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect (E, F);

1. Each investigation report (report on designation of narcotics, etc., calculation of additional collection charges and reporting on attachment to the judgment of accomplices E);

1. A copy of the judgment (E); and

1. A copy of the indictment (F);

1. Previous convictions in the judgment: Application of the text of the judgment, three copies of the summary information of the case;

1. Article 58 (1) 3, subparagraph 5 of Article 3, and subparagraph 3 (a) of Article 2 of the Act on the Management of Narcotics, Etc. through which the relevant Article of the Act and the selected punishment are applicable to the facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The latter part of Article 39 (1) and Article 55 (1) 3 of the Criminal Act (the Act on the Punishment, etc. of Acts, such as Arranging Commercial Sex Acts, in which a judgment has become final and conclusive, and the Act on the Control of Narcotics, Etc. is concurrently ruled with the crime of violation of the Act on the Punishment, etc. of Acts, such as Arranging Commercial Sex Acts, and the crime of violation of the Act

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