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(영문) 전주지방법원 정읍지원 2020.02.13 2019고단522
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

1,097,00 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On January 14, 2016, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Eastern District Court (hereinafter “Seoul East Eastern District Court”) and the execution of the sentence was completed on May 5, 2017 at the Seoul Eastern District Court.

On December 21, 2018, the Defendant was sentenced to imprisonment with prison labor for two years and three months for a violation of the Act on the Control of Narcotics, Etc. at Suwon District Court on December 21, 201, and the judgment became final and conclusive on February 28, 2019.

【Criminal Facts】

Despite the fact that the Defendant is not a person handling narcotics, on November 2017, the Defendant agreed to receive from C the same amount of merpists (so-called “so-called “so-called merpon”) at the house of a person located in Goyang-dong Office B Officetel in Goyang-si, Goyang-si, 2017.

Accordingly, the Defendant purchased and sold psychotropic drugs-related Mepters.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Examination protocol of police suspect regarding D;

1. E prosecutorial statement;

1. Each police statement of C;

1. A report on internal investigation (affixing photographs, such as a Handphone), a Hand-on photograph;

1. Report on internal investigation (related to Handphones used in internal investigation A);

1. Details of currency;

1. A report on investigation (report on calculation of additional collection charges);

1. Previous convictions in judgment: Inquiries, the current status of personal confinement, separate indictments, court rulings, investigation reports (verification of crimes during the period of repeated crimes), and application of Acts and subordinate statutes to criminal investigation reports;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. and the selection of a sentence concerning the relevant criminal facts and the selection of imprisonment;

1. Article 35 of the Criminal Act among repeated offenders [the same shall apply to a criminal record of a violation of the Act on the Control of Narcotics, etc., which ends on May 5, 2017];

1. The latter part of Articles 37 and 39 (1) of the Criminal Act concerning concurrent crimes [the above crimes and the crime of violation of the Act on the Control of Narcotics, etc., for which judgment has become final and conclusive on February 28, 2019];

1. The reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. are as follows.

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