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(영문) 대구지방법원 2016.03.10 2015고단6273
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On November 29, 2013, the Defendant was sentenced to one year by the Busan District Court for a violation of the Narcotics Control Act, etc., and was not a person who completed the execution of the sentence on June 28, 2014, and was not a handler of narcotics.

1. On June 15, 2015, at around 13:39, the Defendant received KRW 100,00 from the Plaintiff’s corporate bank account (J) from the Plaintiff, which he/she became aware of through smartphone-making app H in the trade influoric tele-dong of Busan City, Seo-gu, Busan, to transfer KRW 100,000 to the Defendant’s corporate bank account (i.e., smartphone; hereinafter “Wil-phone”). The Defendant issued and sold 0.05 g of Mesophical drugs (i.e., one penphone; hereinafter “Wil-phone”).

2. On August 7, 2015, the Defendant received KRW 50,000 in cash from M in front of the L parking lot located in the Jung-gu Busan Metropolitan City, Jung-gu, and sold 0,000,000 in cash from M, which was obtained through smartphone-rating app H, and delivered 0.05 g of phiphones.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of the police against I or M;

1. A trading statement;

1. A previous conviction: Application of a reply to inquiry, investigation report (verification of repeated crime) and Acts and subordinate statutes;

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., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. Crimes No. 1 for reasons of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the scope of punishment), such as trading, arranging, etc., shall be limited to the crimes of Type 2 (the scope of punishment to be recommended), the aggravated area (one year and six months to four years) [the person subject to special aggravation] of the same type (the scope of punishment to be subject to suspended execution for not more than three years), and Type 2 (the scope of punishment to be recommended), the aggravated area (one year and six months to four years) of the aggravated area (one year and six years to four years) of the same type and (the suspended execution for not more than three years): one year and six years (the suspended sentence for not more than three years) - normal sentence for a repeated crime committed by the defendant during the same type of crime, which is disadvantageous to him/her.

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