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(영문) 전주지방법원 군산지원 2014.06.18 2014고단66
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

2,700,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On July 20, 2010, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at Busan District Court on July 20, 201 and completed the execution of the sentence on August 9, 201, and was not a person handling narcotics.

1. At around 17:00 on November 26, 2013, the Defendant: (a) 17:7:00 on a Crens car parked on the road near the relative Dong-dong Residents Center; (b) 1.70,000 won in cash from D; and (c) 1.5 g of psychotropic drugs, which are psychotropic drugs contained in D six for a single-use injection machine (hereinafter “caton”; hereinafter “perononon”).

2. At around 17:00 on November 27, 2013, the Defendant: (a) 100,000 won in cash from D from the car set forth in paragraph 1 of this Article parked on the road near the F station located in Jinju-si; and (b) 1.5g of philophones contained in six for a disposable injection machine to D; and (c) 0.05g of philophones contained in D free of charge in one for a disposable injection machine.

Accordingly, even if the defendant is not a person handling narcotics, he traded and provided a penphone to D.

Summary of Evidence

1. Each legal statement of witness G and D;

1. Statement D in the interrogation protocol of the second prosecutor's office against the accused;

1. Copy of the protocol of suspect examination of D by the prosecution;

1. Entry of D and G in each copy of the examination protocol of the second prosecutor's office in D;

1. A copy of each police interrogation protocol concerning G or D;

1. Each prosecutor's statement concerning D;

1. Details of each mobile phone call (the investigative records of which are 55-70 pages, 71-74 pages, 95-154 pages);

1. Response to a request for the provision of communications data (157-165 pages of investigation records);

1. Investigation report (report on the monthly trend of narcotics and on the calculation of additional collection charges on November 2013);

1. Previous records of judgment: Application of criminal history records, investigation reports (the confirmation of the same type of force, the fixed date of release and the date of release);

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., concerning facts constituting an offense, and the selection of a punishment, respectively;

1. Article 35 of the Criminal Act among repeated crimes:

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