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(영문) 부산지방법원 2018.07.25 2018고단1423
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

650,000 won shall be additionally collected from the defendant.

equivalent to the above additional collection.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

On August 25, 2011, the Defendant: (a) received a request from E to request to request Mete to rescue the Metetopop (one philopopon; hereinafter “philopon”); (b) delivered it to F; and (c) had E purchase KRW 650,00 from the street of the H church located in Geum-gu G in Busan Metropolitan City on the same day at around 18:30,000 on the day; and (d) had E purchase approximately KRW 1g of the philopon.

Accordingly, the defendant assisted the trade of philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of a copy of decisions concerning F);

1. Articles 60(1)3 and 4(1), and 2 subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 10786, Jun. 7, 201) concerning criminal facts

1. proviso to Article 67 of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 10786, Jun. 7, 2011)

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act was that the Defendant issued F a penphone to F and was sentenced to suspended sentence due to the medication, and again committed the instant crime. Upon the commencement of the investigation, the Defendant fleded.

Considering the background and amount of the defendant's act of arranging the purchase and sale of phiphones, the result of the punishment of F, and taking into account other circumstances such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, it is decided as ordered by the court.

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