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(영문) 부산지방법원 2018.12.20 2018고단3056
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On July 9, 2018, the Defendant was sentenced to one year of imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on July 9, 2018, and the judgment became final and conclusive on November 28, 2018.

On October 28, 2016, the Defendant: (a) at a hospital that does not know of the trade name located in Busan Northern-gu B, Busan on October 28, 2016; (b) purchased mectop ctop (one ctopphone; (c) a local mental medicine medicine; and (d) purchased mectop (one ctopphone; hereinafter referred to as “opon”); (c) purchased 200,000 won from D; and (d) delivered 0.3 g of a white paper to D.

After that, D immediately delivered the foregoing phiphone to C within the numberless vehicle of C parked in the above hospital underground parking lot.

Accordingly, the defendant purchased and sold approximately 0.3g philopon to C with D's mediation.

Summary of Evidence

1. The legal statement of the witness C;

1. Second-time protocol concerning D concerning the examination of suspects by the prosecution;

1. Each of the court rulings (No. 26,27 No. 540,00);

1. Previous convictions in judgment: Inquiries about criminal history and the application of the text of the Act and subordinate statutes, which is 2018 Godandan930, Busan District Court Decision 930

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. concerning facts constituting an offense (the choice of imprisonment with prison labor);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. It is so decided as per Disposition in full view of the following: (a) there is a history of criminal punishment on several occasions for the same kind of crime for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc.; (b) a violation of the Act on the Control of Narcotics, Etc., for which judgment has become final and conclusive; and (c) a concurrent crime under the latter part of Article 37 of the Criminal Act.

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