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(영문) 창원지방법원 밀양지원 2016.11.30 2016고단289
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

10,000 won shall be additionally collected from the defendant.

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

Reasons

Criminal facts

On November 29, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc., and completed the execution of the sentence on September 10, 2014.

Around February 2, 2016, the Defendant sold approximately 0.1g of psychotropic drugs to D, a psychotropic drug, in the vicinity of the Busan Seo-gu, Busan, for approximately KRW 0.1g of psychotropic drugs (one-time clocks) (one-time clocks) to D.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of each prosecutor's protocol of examination of the defendant against the defendant;

1. Copy of the protocol of suspect examination of D by the prosecution;

1. Statement by the prosecution concerning D;

1. Details of DNA calls, and details of A calls;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to each investigation report (Attachment to criminal judgments on the same kind of drug incident), (Attachment to criminal records records, files of criminal records records and investigation records records), number of individuals and current status of acceptance of each individual;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection of Narcotics, etc., and Selection of Imprisonment with prison labor concerning facts constituting an offense;

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

1. The proviso to Article 67 of the Narcotics Control Act;

1. According to the evidence indicated in the judgment of conviction under Article 334(1) of the Criminal Procedure Act, in particular, according to the monetary content between the Defendant and D and D’s prosecutor’s statement (Evidence No. 34 pages) based on this, the fact that the Defendant sold to D approximately KRW 0.1g of the Meteaminist around February 2, 2016, as criminal facts, around KRW 100,000,000.

Reasons for sentencing

1. The scope of applicable sentences under law: Imprisonment for one month to twenty years; and

2. Application of the sentencing criteria [Determination of types of recommendations] : Type 2 (marijus, flags, items (b), (c), etc.) (special sal.) - previous convictions (not less than a three-year suspension of execution) of the same kind of aggravated factors (not less than a three-year suspension of execution) [Determination of the recommended area] increased area (a year and six months to four years of imprisonment.

3. The sentence of sentence has already been sentenced to 11 times to imprisonment with prison labor for the same crime and one time to suspend the execution; and

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