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(영문) 부산지방법원 2019.01.31 2018고단5938
마약류관리에관한법률위반(향정)
Text

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

30,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On December 14, 2016, the Defendant was sentenced to one year to imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Changwon District Court on December 14, 2016, and completed the execution of the sentence on September 27, 2017.

Criminal facts

The defendant is not a person handling narcotics.

From around 20:00 on August 20, 2018 to 21:00, the Defendant received KRW 300,000 from the Defendant’s office located in Gyeongnam-gun B and sold approximately 0.7g of psychotropic drugs to C.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

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

1. An investigation report (including a net order 32 and attachment C rulings);

1. Previous records: Application of Acts and subordinate statutes to criminal records, investigation reports (including records No. 26, attachment rulings, and personal confinement status);

1. Punishment under relevant Acts of crime and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) (limited to imprisonment) of the Act on the Selection of Narcotics, etc.;

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

1. Reasons for sentencing [the range of recommending sentence] under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (based on the market price of 300,000 won on the market on the market on the market on the market on the market on the market on the market on the market on the basis of] types 2 (the range of recommending sentence), trade, good offices, etc. (1 year and 6-6-4 years) of the aggravated area (1 year and 6-6 years), [the person under special relationship] of the same criminal records (not less than 3 years of suspended sentence] / the crime related to narcotics is likely to harm public health or adversely affect society as a whole, such as impairing the physical body and mind of an individual due to addiction to narcotics, decilability, etc., and it is not easy to detect them due to their characteristics, and it is highly likely that the risk of recidivism may be high, thereby adversely affecting the society

In particular, it is disadvantageous that the defendant has caused a new criminal by selling philophones during the same period of repeated crime.

It seems that the attitude of recognizing and reflecting the facts of crime seems to be favorable.

Any other matter.

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