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(영문) 부산지방법원 2018.12.12 2018고단3862
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for four months.

450,000 won shall be additionally collected from the defendant.

equivalent to the above additional collection.

Reasons

Punishment of the crime

On March 30, 2017, the Defendant was sentenced to one year of imprisonment for a violation of the Narcotics Control Act at the Changwon District Court on March 30, 2017, and the execution of the sentence was terminated at the Tong Young Detention House on January 2, 2018. On July 5, 2018, the Defendant was sentenced to one year of imprisonment with prison labor at the Busan District Court for the same crime, and the said judgment became final and conclusive on September 27, 2018.

Defendant is not a narcotics handler.

around 12:00 on May 17, 2018, the Defendant: (a) issued a fluorial philogram to D, approximately 0.07 g (one philophone; hereinafter referred to as “philophone”) a part-time mental medicine, which is a local mental medicine in a five-story guest room in the number of 5 stories, a single-use hotel; and (b) issued a fluorial philophone without compensation to D.

On March 30, 2017, the Defendant was sentenced to one year to imprisonment with labor for a violation of the Narcotics Control Act at the Changwon District Court on March 30, 2017, and the execution of the sentence was terminated at the Tongyoung Detention House on January 2, 2018. On July 5, 2018, the Defendant was sentenced to one year to imprisonment with labor for the same crime at the Busan District Court, and the said judgment became final and conclusive on September 27, 2018.

Defendant is not a narcotics handler.

On May 13, 2018, from around 19:00 to 20:00, the Defendant received KRW 3.50,000 from H in the G K5 passenger car parked in the front of the F located in GK in GK5 Kim Jong-si, and sold approximately KRW 2.5g of the mecoptypon (the first mecopon) who is a local mental medicine.

Summary of Evidence

[2018 Highest 3862]

1. Statement by the defendant in court;

1. A copy of a response to a request for appraisal (D reproduction);

1. Previous convictions as indicated in the judgment: A written inquiry about criminal history, a criminal investigation report (Attachment of previous convictions attached to the previous convictions - repeated crimes), summary information of the case [2018 high order 4676];

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Previous convictions: Inquiry about criminal history, investigation reports (the confirmation report on the date of release), application of summary information-related Acts and subordinate statutes of the case;

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts, and selection of a sentence to imprisonment;

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

1. To treat concurrent crimes;

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