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(영문) 부산지방법원 2020.05.28 2019고단6090
마약류관리에관한법률위반(향정)
Text

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

20,000 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

The defendant is not a person handling narcotics.

1. On June 25, 2018, the Defendant: (a) received approximately 0.1g of psychotropic drugs from D in the address of Geumcheon-gu Seoul Metropolitan Government (hereinafter “pactphone”); and (b) transferred KRW 100,000 to a new bank account in the name of D on September 5, 2018, the Defendant traded cactphones. (c) around 15:00 on June 25, 2018.

The Defendant continued to administer 0.1g philophones by inserting them into a single-use injection machine and inserting them into his arms.

2. On June 27, 2018, the Defendant purchased and sold phiphones, and the Defendant purchased and sold phiphones by transferring KRW 0.1g of 10,000 to a new bank account in the name of D on June 27, 2018, at the dwelling of D as set forth in paragraph (1) at D, and on September 13, 2018.

The Defendant continued to administer 0.1g philophones by inserting them into a single-use injection machine and inserting them into his arms.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the police examination protocol (two times) concerning D;

1. Text messages, etc.;

1. Investigation Report (Attachment to D), - Application of Court Decision-Related Acts and subordinate statutes;

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

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

1. The proviso to Article 67 of the Narcotics Control Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The circumstances favorable to the defendant who was sentenced to a suspended sentence of one year on May 12, 2017 due to a violation of the Act on the Control of Narcotics, Etc., and committed each of the instant crimes during the suspended sentence: The defendant is against the above circumstances and the accomplice D’s sentences, age, character and conduct, environment, motive and circumstance of the crime, and the period of the suspended sentence.

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