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(영문) 부산지방법원 2017.07.03 2017고단31
마약류관리에관한법률위반(향정)등
Text

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

A sum of KRW 100,00 shall be collected from the defendant.

equivalent to the above additional collection.

Reasons

Punishment of the crime

On October 30, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act (compact) at the District Court of Jung-gu, the Defendant completed the execution of the sentence on July 28, 2015.

Criminal facts

1. Notwithstanding the fact that the Defendant is not a narcotics handler, around November 19, 2016, the Defendant sold to E in 100,000 won the mert amba (one amblopon), which is a local mental medicine (one amblopon) on the way front of the DNA telecom in Gangseo-gu Busan, Gangseo-gu, Busan, on November 19, 2016.

2. On November 2016, the Defendant: (a) got a victim’s driver’s license located in the instant Handphone case, which was located in the instant Handphone case in Busan Gangseo-gu Busan, with the victim’s driver’s license, while the Defendant tried to give the victim with the Handphone in the H authorized broker office operated by the victim G located in Gangseo-gu Busan Gangseo-gu, Busan; and (b) tried to give the victim with the Handphone.

Accordingly, the defendant stolen one copy of driver's license owned by the victim.

Summary of Evidence

1. Defendant’s partial statement (as to larceny)

1. Part concerning E in the protocol of interrogation of the suspect against the defendant;

1. A protocol concerning the interrogation of suspects of E (two times);

1. Statement of the police statement related to G;

1. A copy of the investigation report (the mutual analysis of suspect E mobile phone merchant A, etc.);

1. Recording records of each meeting;

1. Inquiry into the current status of meetings of prisoners;

1. An anti-sex (E);

1. Previous convictions in judgment: Inquiry about criminal history, application of investigation reports (related to the confirmation of the date of release and personal confinement) Acts and subordinate statutes;

1. Article 60(3) and Article 60(1)2, Article 4(1)1, subparagraph 3(b) of Article 2, and Article 329 (a) of the Criminal Act (ab) concerning facts constituting an offense;

1. Selection of each sentence of imprisonment;

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. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for conviction under Article 334 (1) of the Criminal Procedure Act against the order of provisional payment;

1. The Defendant: (a) provided this case’s penphone to E.

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