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(영문) 부산지방법원 2012.09.20 2012고단3956
마약류관리에관한법률위반(향정)
Text

1. The defendant shall be punished by imprisonment for a period of two years and six months;

2. 21 million won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On February 16, 2004, the Defendant was sentenced to 8 years of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on November 20, 201, and completed the execution of the above punishment.

The defendant is not a person handling narcotics.

On July 3, 2011, at around 19:30 on July 3, 2011, the Defendant sold philophones by taking approximately 100 g of psychotropic drugs to E, a psychotropic drug, from the street store in front of the building convenience store of the Seocho-gu Busan Metropolitan City Crops, and by taking over KRW 21 million.

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

1. Second written examination of the accused by the prosecution (including the E and each substitute part of the F);

1. Each prosecutor's statement concerning E and F;

1. A report on investigation (related to the calculation of an additional collection charge);

1. Previous offense: Application of Acts and subordinate statutes to resident inquiry and criminal records, and investigation reports (verification of the date of release from A);

1. Article 60 (1) 3 and Article 4 (1) and subparagraph 4 (b) of the Act on the Control of Narcotics, etc., for which the option of punishment was given, and Articles 2 and 2 of the former Act on the Management of Narcotics, Etc. (Amended by Act No. 10786, Jun. 7, 201; hereinafter the same shall apply)

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

3. Grounds for sentencing in the proviso to Article 67 of the Act on the Control of Narcotics Additional Collection.

1. Persons who are under special mitigation (including marijuana, natives (b), (c), etc.) of crimes, such as sale and purchase, brokerage, etc., among the narcotics crime groups (special sentencing persons): No person under special mitigation (a person under special mitigation) of the same criminal record (a person under suspended execution for not more than three years): Imprisonment with prison labor for not less than one year and six months from six months to four years (a person under general mitigation) with prison labor for the area of aggravated punishment (a person under suspended execution for not more than three years): A person under general mitigation of the amount of psychotropic drugs sold, the amount of which is considerably large: Cooperation in investigation;

2. The criteria for suspended sentence are not applicable (applicable to grounds for disqualification for suspended sentence).

3. The punishment shall be determined as ordered by a decision as to whether to suspend sentence or not; and

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