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(영문) 의정부지방법원 2016.04.18 2016고단150
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

2.0,000 won shall be additionally collected from the defendant.

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

Reasons

Punishment of the crime

1. Even if the Defendant and C were not the narcotics handler, they each bear 50,000 won for the purchase and sale of the Metectop ctop ctop ctop ctop ctop ctop ctop c top c toptop c top c toptop c to prepare a total of 1,100,000 won, and purchase 5g from D to divide it into 2.5g.

On October 21, 2015, the Defendant and C were driving a motor vehicle from around 01:00 to the Busan Fung-gu, Busan, and then C was able to talk with D in the trade name in the same Dong and paid KRW 1:100,000 to D in the trade name of the same Dong.

As a result, the Defendant conspired with C to sell and sell a psychotropic drug even if he is not a handler of narcotics.

2. The Defendant and C, as in paragraph 1, bear 50,000 won each of the purchase price of writtenphones, and prepare 1.1 million won in total, and purchase 5g of writtenphones from D and sell 2.5g in each of them.

C On November 16, 2015, around 10:00, 10:00, D was parked on a passenger car parked on the road located in the Geum-gu Busan Metropolitan Government, and D paid 1:10,000 won for purchase and sale of opon to D and received 5g opon.

As a result, the Defendant conspired with C to sell and sell a psychotropic drug even if he is not a handler of narcotics.

Summary of Evidence

1. Statement by the defendant in court;

1. A certificate of simple inspection of reagents;

1. Each protocol of seizure, list of seizure, and evidence of seizure;

1. Each response to a request for appraisal;

1. Application of Acts and subordinate statutes on assessment of minor narcotics;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., Article 30 of the Criminal Act, Article 30 of the Criminal Act, and Article 60 of the Act on the Management of Narcotics, etc., for the Prevention of Criminal Crimes, the Selection of Imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The criminal defendant committed the instant crime immediately after he/she was sentenced to imprisonment for the same criminal record on September 18, 2015, and other reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order.

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