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(영문) 부산지방법원 2016.02.18 2015고단6985
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for one year.

3.9 million won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The Defendant was sentenced to imprisonment for a violation of the Narcotics Control Act at the Busan District Court on March 21, 2013 and completed the execution of the sentence on May 24, 2014. On April 3, 2015, the same court was sentenced to three years of imprisonment for the same crime and the said judgment became final and conclusive on August 28, 2015, and was sentenced to four times of punishment for the same crime.

[Criminal facts]

1. Around 22:00 on August 23, 2014, the Defendant was not a narcotics handler, but sold and purchased narcotics, etc. for approximately 1.4g of 60,000 won by selling them to E, within the Defendant’s numberless vehicle parked near D located in Busan Dong-dong C, Busan, about August 23, 2014.

2. A violation of the Act on the Control of Narcotics, Etc. (marijus) provided that the Defendant is not a narcotics handler, at the same time, at the same place, and at the same time, at the same place as described in paragraph 1, delivered three grams to E without compensation, and received narcotics.

The Defendant 2015 Highest 8414 handled narcotics as follows, despite that he is not a handler of narcotics:

1. On June 30, 2014, around 23:00, the Defendant laid off KRW 1.5 million in cash from E in G in the vicinity of G in Busan-gu, Busan-do, and laid down about five grams of meconc with meconc (one philopon; hereinafter “philopon”).

Accordingly, the defendant sold approximately 5 gramphones to E in KRW 1.5 million.

2. On July 5, 2014, at around 09:00, the Defendant: (a) received cash of KRW 1.5 million from E from a fluorless fluor’s hold in Busan Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong, and (b) 5g of philophonephones contained in plastic plastic bags

Accordingly, the defendant sold approximately 5 gramphones to E in KRW 1.5 million.

Summary of Evidence

1. Statement by the defendant in court;

1. A certified copy or copy of each protocol concerning the examination of suspect of H and E;

1. Each request for appraisal shall be made;

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