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(영문) 부산지방법원 2013.08.30 2013고단2071
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Seized evidence No. 1 shall be confiscated.

1.5 million won from the defendant.

Reasons

Punishment of the crime

On February 23, 2012, the Defendant was sentenced to nine months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at Busan District Court on February 23, 2012, and was not a narcotics handler on July 14, 2012.

1. On December 30, 2012, around 14:45, the Defendant purchased and sold approximately 5.53 g of Mesopha, a psychotropic drug, after receiving KRW 1.3 million from E, from the front side of the D Hospital located in Busan-gu, Busan-do., and selling approximately 5.53g of psychotropic drugs.

2. On April 2, 2013, at around 16:58, the Defendant kept approximately 4.58 ghonon in the main machine near Busan Jin-gu, Busan, and carried approximately 4.58 gon.

3. On November 8, 2012, around 22:40, the Defendant: (a) received KRW 200,000 from J through I in a car operating in front of the H theater located in Busan Jin-gu, Busan; and (b) caused I to set approximately 0.8g of the penphone in possession of the Defendant.

Accordingly, the Defendant conspired with I to sell phiphones to J.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of each protocol of examination of suspect to prosecution E;

1. Each prosecutor's statement to J and I;

1. Police seizure records;

1. Two photographs, two copies of the report on the result of appraisal of narcotics, etc. (training);

1. Each investigation report (related to the verification of narcotics appraisal, calculation of each additional collection charge, confirmation of the suspect's mobile phone use, and appending the details of cell phone calls of the suspect);

1. Previous convictions: References to criminal records, investigation reports (the date of release, confirmation of the date of release and attachment of judgment);

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., and Article 30 of the Criminal Act, the choice of imprisonment for a crime, and the selection of types of punishment;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. A person who handles narcotics to an investigative agency after the crime of this case is committed by the defendant for sentencing in Article 67 of the Act on the Control of Confiscation and Collection of Narcotics.

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