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(영문) 대구지방법원 포항지원 2018.09.05 2018고단774
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

2,000,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[criminal history] On July 1, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act in the Busan District Court’s branch branch, and on August 9, 2016, the execution of the sentence was terminated at Red Prison on August 24, 2017. On November 24, 2017, the Defendant was sentenced to imprisonment with labor for and on June 7, 2018, for a violation of the Narcotics Control Act (competence) with labor for and on February 7, 2018.

[Criminal facts] The Defendant is not a person dealing with narcotics, and thus cannot deal with Metrophacopics (cophophones; hereinafter “copics”) which are local mental drugs.

On August 2016, the Defendant received 400,000 won in cash from the D Smoking room located in the Geum-gu Busan Metropolitan Government, and sold approximately 2g g of philopon, which is contained in the semi-sinyl chloride, around 14:00.

From that time until March 26, 2017, the Defendant sold approximately KRW 10g of total 2 million to E, such as in the list of crimes in attached Form No. 14:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Copy of each police suspect interrogation protocol regarding E;

1. Statement made by the police with regard to F;

1. A copy of seizure records and a copy of seizure list;

1. Copies of the site and photographs of seized articles;

1. A report on investigation (calculated additional collection charges);

1. Previous convictions: Inquiry into criminal history data, investigation reports (Attachment of previous records of and attachment to narcotics), five copies of the judgment, the status of personal confinement, investigation reports (Attachment of latter concurrent judgments of suspects), and application of two Acts and subordinate statutes of the judgment;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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

1. The reasons for sentencing under the proviso of Article 67 of the Act on the Management of Narcotics, Etc. are the same crimes committed several times.

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