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(영문) 대구지방법원 2014.07.03 2014고단2400
마약류관리에관한법률위반(향정)
Text

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

1,500,000 won shall be additionally collected from the defendant.

equivalent to the above additional collection.

Reasons

Punishment of the crime

[Criminal Power] On February 9, 2010, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at Seoul Southern District Court on April 2, 2010, and completed the execution of the sentence at the Seoul Southern District Court on April 2, 2010. On March 16, 2012, the Defendant was sentenced to two years and three months of imprisonment with prison labor at the Seoul Southern District Court for the same crime.

3. 24. The judgment became final and conclusive, and is currently pending in the appellate trial after being charged with the same offense with the Daegu District Court on November 26, 2013.

【Criminal Facts】

Defendant is not a narcotics handler.

At around 15:17 on March 25, 2011, the Defendant received KRW 1.5 million from G, who was requested to purchase psychotropic drugs, from H, to transfer KRW 1.5 million in the name of passbook in the name of Dong-in, Dong-gu, Daegu-gu, and around 17:00 on the same day, the Defendant purchased and sold 5 g of barphone, which was contained in vinyl to H, from the J-gu, Daegu-gu, and around 17:00 on March 26, 201, around 15:00.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including H part of the statement);

1. The protocol of prosecutorial statement concerning H;

1. A copy of each protocol concerning the examination of suspect of H and K;

1. Copies of a request for appraisal, and additional copies of a request for appraisal;

1. Each investigation report (in the case of philophones transaction hours, an additional collection charge shall be calculated);

1. A deposit transaction certificate;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning inquiry reports and the current status of personal identification and confinement;

1. Article 60 (1) 3 and Article 4 (1) and subparagraph 4 (b) of Article 2 of the 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 a sentence for the crime;

1. Article 35 of the Criminal Act among repeated crimes (as to the violation of the Act on the Control of Narcotics, etc. ( native to the Act on the Control of Narcotics, etc.) :

1. To treat concurrent crimes;

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