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(영문) 부산지방법원 2016.08.26 2016고단3009
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

2 million won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On January 19, 2012, the Defendant was sentenced to one year of imprisonment for a violation of the Narcotics Control Act at the Busan District Court on the grounds of a violation of the Act on the Control of Narcotics, etc., and on April 17, 2012, in addition to the completion of the execution of the sentence at the Busan Detention Center, the Defendant had more than twice the same criminal records.

Despite the fact that the Defendant is not a narcotics handler, on December 13, 2013, the Defendant proposed that E purchase and sale of the camblopule (one philopopon; hereinafter “philopon”) which is a local mental medicine at the office located in Busan Nam-gu, Busan, and that E accept it, and whether E can contact F and purchase philopon, and then ask whether F can seek a philopon.

The defective E puts the 1st floor of the Bail in the area of H park located in the Nam-gu Busan Metropolitan City, which is designated by F, into 2 million won of the sales price of the Dophone, and had F find the philophone non-scopic volume contained in the trade studio in the surrounding area of the business.

Accordingly, the defendant assisted the trade of philophones between E and F.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each protocol concerning suspect interrogation of E;

1. Previous convictions in a report on investigation (additional collection): Inquiry of criminal history and application of Acts and subordinate statutes of a report on investigation (the date of release);

1. Selection of a person who commits a crime under Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act, or a person who is punished by imprisonment;

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

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of the recommended punishment] trading, brokerage, etc. of the two types of crimes (mariju, marith b., c., etc.) (one year to 4 years) [a special aggravated person] the same type of crime (a decision of suspension of execution within 3 years) and the same type of crime (a decision of suspension of execution within 3 years] are already three times, and the crime of this case is committed during the period of the repeated crime. The crime of this case is committed by the defendant as arranging the trade of philopphones, and the contents of the crime are not easy.

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