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(영문) 부산지방법원 2017.09.05 2017고단3062
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for nine months.

A sum of three million won shall be collected from a defendant.

equivalent to the above additional collection.

Reasons

Punishment of the crime

On December 15, 2011, the Defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan High Court on March 6, 201, and the execution of the sentence was terminated on January 6, 2014. On June 3, 2016, the Defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court on June 27, 2016 and the judgment became final and conclusive on June 27, 2016.

Criminal facts

Although the Defendant was not a narcotics handler, the Defendant treated the narcotics as follows:

1. On June 14, 2014, at around 15:00, the Defendant: (a) received 1.5 million won from L; and (b) purchased and sold a penphone, which is a local mental medicine, (c) approximately 10 g of mert cloids (hereinafter “clickphone”) from L, in a manner that flicks (hereinafter “clickphones”).

2. On June 28, 2015, around 02:00, the Defendant purchased and sold phiphones by means of 1.5 million won from L and 100 thousand won from L and 10 g g g g g g g g spons to L at the N-gu Ma, Daegu-si, Daegu-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of the police against K or L;

1. Investigation report (including decisions of the Ministry of Strategy and Finance at least 38 attached hereto);

1. Each investigation report (round 29,41);

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports (including net time 37, additional rulings, and current status of personal confinement);

1. Selection of a person who commits a crime under Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. under the relevant Act, and selection of a person who is sentenced to imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That the crime under Article 39 (1) (limited to the crime committed on June 3, 2016 at the Busan District Court, which became final and conclusive after being sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court for one year and nine months);

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

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

1. Article 334(1) of the Criminal Procedure Act provides for the reasons for sentencing of Article 37 of the Criminal Procedure Act.

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