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(영문) 부산지방법원 2016.11.11 2016고단738
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

1.90,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On September 11, 2009, the Defendant was sentenced to six months of imprisonment for a violation of the Act on the Control of Narcotics, etc. (fence) at the Sungwon District Court's Sungnam branch, and completed the execution of the sentence at the Suwon detention center on January 5, 2010.

Despite the fact that the Defendant is not a person handling narcotics, the Defendant treated narcotics as follows:

1. On November 2012, the Defendant: (a) provided approximately 0.1g of psychotropic drugs, to E, psychotropic drugs, a psychotropic drug, within the NAS car operated by the Defendant on the bridge side of D located in Busan Southern-gu, Busan-gu, for free.

2. The Defendant: (a) on June 2, 2013, at the same place as the above 1.1.m., 300,000 won was drawn to E with approximately 0.2 popon; and (b) from E, 30,000 won was given as a consideration.

Accordingly, the defendant sold approximately 0.2 grams to E in 300,000 won.

3. On July 29, 2013, the Defendant: (a) at the same place as the above 1.1.m., he saw approximately 0.5 popon to E; and (b) 300,000 won from E in consideration of the price.

Accordingly, the defendant sold approximately 0.5 grams to E in 300,000 won.

4. The Defendant: (a) around 01:00 on August 9, 2013, 201: (b) 0.8 grams from G street located in the Busan East-gu F to E, and (c) 50,000 won in consideration of E’s price.

Accordingly, the defendant sold approximately 0.8 grams to E in 550,000 won.

Summary of Evidence

1. Part of the statement made by the prosecution against the defendant in the examination record of suspect;

1. A suspect interrogation protocol of H;

1. Investigative reports (in cases of attaching written judgments, sirens moving routes, credibility of E statements, analysis reports on currency details, accompanying copies of investigation reports), telephone details, H and I judgments;

1. Previous records before a report on investigation (in relation to collection): Criminal records, personal identification and confinement status, report on investigation (verification of the date of release from a military court and attachment of judgment) shall apply to statutes;

1. Act on the Management of Narcotics, etc. under the corresponding provisions of the Act on Criminal Facts;

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