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(영문) 부산지방법원 동부지원 2015.07.01 2015고단293
마약류관리에관한법률위반(향정)
Text

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

50,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On November 4, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at Busan District Court on November 4, 201, and the execution of the sentence was completed on April 18, 2012 at the Busan Detention Center.

[2015 Highest 293] Notwithstanding that the Defendant is not a person handling narcotics, the Defendant shall:

1. The end of February 2014

3. Sale of approximately 0.35 g of psychotropic drugs, after receiving KRW 200,000 from E in front of the D Hospital located in Suwon-gu, Busan, and selling approximately 0.35 g of psychotropic drugs (one philopon; hereinafter referred to as “philopon”);

2. On January 2015, at the end of Busan Suwon-gu, administered a philophone in a way that scopon scopon scopon scopon to a coffee at the Defendant’s residence located in the Busan Suwon-gu F.

[2015 Highest 455] Defendant is not a person handling narcotics.

1. The Defendant, at around 17:00 on October 18, 2014, issued approximately 0.03 g of philopon to I in a guest room located in Ulsannam-gu G G on a coffee with approximately 0.03g of philopon on a coffee; and

2. On October 31, 2014, around 17:00, the Kmoto 606, located in the Busan Shipping Daegu J, issued approximately 0.03g of opon to the coffee and in the way of turning about 0.03g of opon to the coffee.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the interrogation protocol of prosecution E;

1. A copy of the protocol of suspect examination of the police officer;

1. A written appraisal;

1. Previous convictions: The application of criminal records and investigation reports, and Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) (Article 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc., the Trading, medication, and provision of narcotics, etc., and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It is recognized that the defendant's reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is pening his mistake.

However, the crime of this case sells philophones to others beyond simple philophone medication.

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