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(영문) 부산지방법원 2012.10.26 2012고단4641
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

1. On December 18, 201, at around 21:30, the Defendant: (a) transferred approximately 0.03gg of psychotropic drugs to D, and sold chophones by taking KRW 100,000 from D, on the roads near Busan Central District, Busan Central District (hereinafter “Liopon”); and (b) sold chophones.

2. At around 03:00 on March 6, 2012, the Defendant administered phiphones by inserting approximately 0.03 ghon from the Defendant’s house located in Busan East-gu E to the coffee.

Summary of Evidence

1. Partial statement of the defendant;

1. Part concerning D's statement among the first interrogation protocol of the prosecution against the defendant

1. Part concerning D's statement among the second police interrogation protocol against the defendant

1. Second police interrogation protocol regarding D;

1. Emotional table for the appraisal request (training of uriphones);

1. Application of Acts and subordinate statutes to a investigation report (calculated a surcharge and a report on the market price of phiphonephones);

1. Article 60(1)3, Article 4(1), and Article 2 subparag. 4(b) (a) 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 and the selection of each sentence for imprisonment with prison labor

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

1. Determination as to the defendant's assertion under the proviso of Article 67 of the Act on the Control of Narcotics, Etc.

1. The Defendant asserts that: (a) on December 18, 201, the Defendant issued a penphone to D and received KRW 100,000,00 to D; (b) however, it does not correspond D to the Defendant’s payment for traffic expenses.

In other words, the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, D was introduced by the F to the Defendant upon the F’s request that the Defendant be able to work (the Defendant stated that he was introduced on or around December 201) and the operation of the said Lcare is difficult.

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