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(영문) 부산지방법원 2014.07.03 2014고단3803
마약류관리에관한법률위반(향정)
Text

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

80,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On October 23, 2007, the Defendant sentenced 1 year and 3 months to the violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on October 23, 2007, and completed the execution of the sentence in the Ansan Prison on November 7, 2008.

1. Even if the Defendant is not a narcotics handler, on May 201, upon request from AE for 600,000 won of psychotropic drugs, the Defendant purchased and sold a culpous drug, sulphine, after receiving 600,000 won of psychotropic drugs (hereinafter referred to as “culphphone”). On May 10, 201, around the front day of the Maguri river in Suwon-gu, Busan, the Defendant purchased and sold a culphine 1g of culphine from AE after receiving 60,000 won of culphine from AE’s heart.

2. Even if the Defendant is not a narcotics handler, around June 21, 201, around 21:00, the Defendant purchased and sold narcotics, etc. using 200,000 won from AE and 0.7 grophones around the door-to-door, Southern-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. AF and a copy of each police interrogation protocol;

1. AF copy of the police statement;

1. Copy of data on the details of currency;

1. Investigation report (calculated of a surcharge, etc.);

1. Previous convictions: Criminal records and investigation reports (verification of the date of release and attachment of the same kind of judgment) shall apply;

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. of Specific Crimes;

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

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

1. While the Defendant was sentenced to punishment for the same crime, the Defendant again committed the instant crime during the period of repeated crime, and the Defendant’s transaction of the instant crime reaches a considerable amount at the time of the instant crime. In addition, it is so decided as per Disposition in consideration of all the circumstances, such as the background, means, and method leading the Defendant to the instant crime.

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