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(영문) 부산지방법원 2017.07.21 2017고단2181
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for two years.

Seized [2017 order 2181] Nos. 3 through 5 shall be confiscated.

Reasons

Punishment of the crime

On September 25, 2013, the Defendant was sentenced to imprisonment for one year and six months with labor for a violation of the Narcotics Control Act at the Seoul Southern District Court on September 25, 2013, and completed the execution of the sentence at the astronomical Prison on November 15, 2014, and is not a narcotics handler.

[20:00 on April 10, 2017, the Defendant administered approximately 0.1g of the mematic drugs, a mematic mental medicine, at the male toilet of Busan subway 20:00 on April 10, 2017.

[2017 Highest 2931, hereinafter “2931”) Defendant sold philophones to F twice as follows.

[Attachment]

1. On August 20, 2015, the Defendant received KRW 2.50,00 from F to the account (G) bank account in the name of the Defendant from Busan (hereinafter referred to as the “Stoon”) around August 20, 2015, and then sent approximately 0.4g of opon to F’s domicile (Yaeung-gu H apartment 107, 1302), and had F receive it.

2. On October 2015, the Defendant received 50,000 won of Handphones from F in early 2015 from F, and sent approximately 0.7 g of Handphones from F in I Station ( BusanJ) to K handphones, and around 19:50 on October 3, 2015, the Defendant had F receive it from F in L Station (M) cargo counter.

Summary of Evidence

1. Previous convictions: Inquiry about criminal history, current status of personal confinement, and text of judgment [2181];

1. Statement by the defendant in court;

1. Protocols of seizure and list of seizure, each photograph, each appraisal report, investigation report (netly 27), monthly trend of narcotics ( January 2017) / [931];

1. Statement by the defendant in court;

1. A copy of the protocol concerning the interrogation of suspect with respect to F (No. 2, 3 times);

1. Application of Acts and subordinate statutes on investigation reports (one-time 6,9), monthly trends of narcotics, etc. ( March 2017), text of judgment, copy of passbook, and details of account transactions;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. concerning facts constituting an offense (the choice of imprisonment with prison labor);

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

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