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(영문) 제주지방법원 2014.07.04 2014고단688
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

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

The above additional charges are imposed on the defendant.

Reasons

Punishment of the crime

[Criminal Power] On December 29, 201, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on December 29, 201 and completed the execution of the sentence on December 25, 2012.

【Criminal Facts】

Despite the fact that the Defendant is not a person handling narcotics, around 15:00 on January 201, 2014, the Defendant issued to V approximately 0.1g of the Metropha (hereinafter “Mesophaphone”) on the front of the “UMM” located in Seo-gu Busan, Seo-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol of interrogation of the police concerning V;

1. Each investigation report (report on market price of phiphonephones and calculation of collection amount);

1. Previous convictions in judgment: Investigation report (Binding of suspect's written judgments, etc.); Application of the second Act and subordinate statutes;

1. Article 60 (1) 2 and Article 4 (1) 1 and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc.;

(i) Selection of imprisonment;

1. Aggravation of repeated crimes: Article 35 of the Criminal Act;

1. Additional collection: The proviso of Article 67 of the Narcotics Control Act;

1. Provisional payment order: The scope of recommendations, sentences, etc. on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act [the scope of recommendations, sentences, etc. on the grounds of sentencing under Article 334(1)

A) Along with the following circumstances, considering the aggravated area (the person under special guard: previous convictions of the same kind), imprisonment with prison labor, one year and six months - 4 years), and the following circumstances, the sentence is determined as ordered (a sentence which is lower than the recommended sentence by taking into account the favorable circumstances below): The facts charged are recognized; the amount of the delivered penphones is not large; and there are circumstances that may be taken into account in the course of committing the crime, the Defendant asserts that “The Defendant did not have any idea to deliver the penphone to this V; however, the statement made by V also conforms with the purport that “The Defendant followed the Defendant’s Australia to the effect that the Defendant did not have any penphone, and brought him to the finding of the penphones” (the investigation record 17 pages).

Unfavorable circumstances: 5 times of sentence, as well as 5 times of sentence.

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