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(영문) 부산지방법원 2016.10.07 2016고단4916
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On June 16, 2011, the Defendant was sentenced to three years of imprisonment and six months of imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan High Court on March 16, 201, and completed the execution of the sentence at the Busan Detention Center on March 16, 2014. On November 19, 2015, the Changwon District Court sentenced four years of imprisonment with labor for a violation of the Act on the Control of Narcotics, etc. at the Changwon District on November 27, 2015 and became final and conclusive on November 27, 2015, the same criminal power has

On July 24, 2014, the Defendant was transferred 1300,000 won under the name of the Defendant’s type E account used by the Defendant from D in the name of the Defendant’s type E account in which the Defendant was a person handling narcotics on July 24, 2014.

In addition, from around that time to October 15, 2014, the Defendant sold approximately 170 grams of 170 gramphones to 22,100,000 won by the method that the Defendant, at the entrance door of the above C apartment, directly transferred the philopon to D or delivered it to D through F.

Summary of Evidence

1. Defendant's legal statement;

1. Second prosecutor's protocol of interrogation of the accused (including the F statement section);

1. A copy of each statement made with respect to D/F;

1. Details of account transactions in each D name, details of account transactions in G name, and each family relation certificate;

1. Investigation report (report on the result of execution of warrants for wards under confinement, details of transactions between A and D, etc.);

1. Before a report on criminal investigation (related to collection): Criminal records, criminal investigation reports (verification of the judgment of the same kind of crime and the fact of repeated offense), previous records of disposition, and application of Acts and subordinate statutes as a result of confirmation

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. under Relevant Acts concerning criminal facts, and choice of imprisonment;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Concurrent Crimes.

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