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(영문) 대전지방법원 공주지원 2017.03.08 2017고합3
마약류관리에관한법률위반(향정)
Text

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

A penalty of one million won shall be additionally collected from a defendant.

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

Reasons

Punishment of the crime

[Criminal Records] On December 9, 2016, the Defendant filed an appeal with the Daejeon High Court sentenced the Defendant to four years of imprisonment for a violation of the Narcotics Control Act (competence). However, on February 10, 2017, the appeal was dismissed and the said judgment became final and conclusive.

[Criminal facts]

1. On October 1, 2015, the Defendant: (a) issued four plastic bags in front of C in early 18:00, which are contained in D and received KRW 100,000 from D, in return for the delivery of four plastic bags containing “bredi-cinacos or car” attached to D, a local mental medicine (hereinafter “bin drug”).

Accordingly, the defendant sold a local mental medicine.

2. On November 8, 2015, the Defendant: (a) on the front of F in Sinju, on the F, in front of F in E; (b) on a white vinyl paper containing Heb narcotics in order to sell Heb narcotics to D; (c) on the end of tobacco, D added and smoked the Heb drugs into the end, but did not purchase them on the ground that the state of transshipment is not good.

not sell a hybrid drug on the wind.

Accordingly, the Defendant attempted to sell a native mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of the police against D;

1. Each investigation report [Reports on the designation of narcotics, etc. (AB-CHACA) and reports on the calculation of additional collection charges];

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as an investigation report (the final report of the case in which the case is tried by a defendant separately);

1. Article 58 (1) 3, Article 3 subparagraph 5, subparagraph 3 (a) of Article 2 and subparagraph 3 (a) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. concerning criminal facts, Article 58 and Article 58 (3) and Article 58 (1) 3, subparagraph 5 of Article 3, and subparagraph 3 (a) of Article 2 of the Narcotics Control Act (a) of the Act on the Management of Narcotics, Etc. (the attempted purchase and sale of this non-cc or car and the choice of imprisonment for a limited term);

1. Handling concurrent crimes and legal mitigation after Article 37 of the Criminal Act: Provided, That Article 39 (1) and Article 55 (1) 3 shall apply;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Act on the Aggravation of Concurrent Crimes

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