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(영문) 부산지방법원 2012.10.25 2012고단4990
마약류관리에관한법률위반(향정)
Text

1. The defendant shall be punished by imprisonment for two years;

2. 3.0,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On October 21, 2009, the Defendant was sentenced to one year to imprisonment for a violation of the Act on the Control of Narcotics, Etc. in the Changwon District Court's Jinju branch on October 21, 2009, and completed the execution of the sentence on August 2, 2010.

Defendant is not a narcotics handler.

1. On July 201, 201, the Defendant: (a) purchased KRW 1.5 million from D on the front side of the Busan Jin-gu Busan Han Bank; and (b) sold to D a psychotropic drug, a psychotropic drug, approximately 3.6g of psychotropic drugs.

2. On September 25, 201, at around 20:20 on September 25, 201, the Defendant issued F a disposable injection machine containing approximately 0.3g of philopon to F in the clopon board the blopter operated by F, which was driven by F, near the north-gu, Busan.

3. On September 201, 201, the Defendant received disposable injection equipment from D with approximately 0.06 g of clopon in a vehicle operated by D, which was stopped near the Seo-gu Busan Elementary School.

4. On October 21, 201, at around 02:00, the Defendant sold 600,000 won from I to I in front of the H building in Suwon-gu, Busan, and sold 0.7g of philopon to I.

Summary of Evidence

1. Partial statements of the defendant in the first protocol of trial;

1. Each legal statement of witness I and D;

1. Copies of each police interrogation protocol against J and F;

1. The police statement of K;

1. Investigation report (investigation of the current market price of the Mesphere);

1. Copies of the seized articles;

1. Previous conviction: Application of Acts and subordinate statutes, such as a computer inquiry request and reply, investigation report (Attachment to a copy of the judgment), confirmation of the fact of release;

1. Article 60(1)3, and Articles 4(1), and 2 subparag. 4(b) (i.e., trading of, and receipt and delivery of, respective psychotropic drugs) of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 10786, Jun. 7, 201; hereinafter the same shall apply) on criminal facts, the choice of punishment, and the choice of imprisonment, respectively;

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

3. The former part of Article 37 and Article 38 of the Criminal Code among concurrent crimes.

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