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(영문) 수원지방법원 안양지원 2017.02.03 2016고단2021
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

5.4 million won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

[Criminal history] On November 29, 2013, the Defendant was sentenced to one year to imprisonment with labor for a violation of the Narcotics Control Act (compact) at the Busan District Court, and the execution of the sentence was completed on June 28, 2014.

On May 4, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Daegu District Court on the same year and six months, and the same year.

5.12 The above judgment became final and conclusive.

[Criminal facts]

1. On June 5, 2015, the Defendant: (a) around 17:00 on June 5, 2015, at the guest room No. 705 located in Busan Shipping Daegu, the Defendant collected KRW 2,100,00 from D, and sold a chroopon to D, approximately 5g of the chroopon (one chrophone; hereinafter referred to as the “philoopon”).

2. On July 11, 2015, the Defendant: (a) received transfer of KRW 1.8 million from D around July 15, 2015 to an account in the name of Dong E, from around 15:00 to around 1.8 million; and (b) received from the Defendant’s Dong E;

7. 11. 11. 07:00 Livephones were delivered from G located in Busan Sho-gu, Busan to approximately 5 g of phiphones and sold phiphones by allowing the said D to receive the said phiphones from H around 12:00 on the same day.

3. On June 2015, the Defendant: (a) received KRW 100,000 from M, which he/she became aware of in the street on the K-K factory complex in the GJ of Kimhae-si in June 2015, and sold approximately 7 g of phiphones to M, with approximately KRW 7 g of phiphones.

4. On June 2015, the Defendant received Handphones from the Defendant, on June 1, 2015, received approximately 5 g of Handphones from the non-dissular telephones located near the O located in Kimhae-si, Kim Jong-si, on the part of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against M or D;

1. Each investigation report (report on the market price of phiphonephones and report on the calculation of additional collection charges);

1. Previous convictions in judgment: Application of a reply to inquiry, each investigation report (the attachment of judgment attached thereto and confirmation of repeated records) statute;

1. Relevant Article of the Act on the Management of Narcotics, etc. as well as the Selection of Punishment for Crimes;

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