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(영문) 대전지방법원 공주지원 2017.04.14 2016고단173
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

【Criminal Records】

1. The Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at Daejeon District Court on August 25, 201, and completed the execution of the sentence at Andong Prison on July 28, 2012.

2. Before the latter part of Article 37 of the Criminal Act, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Narcotics Control Act at the Daejeon District Court on April 1, 2015, and the judgment became final and conclusive on June 1, 2015.

[Criminal facts] Even if the Defendant is not a narcotics handler, he dealt with the Meteptopy (one philophone, hereinafter “philophone”) which is a local mental medicine as follows.

On February 14, 2014, the Defendant transferred KRW 2.6 million of philopon to a new bank account (Account Number: C) used by B, and received approximately 10g of philopon, which is contained in vinyl, F, and B, on the front of the road located near the Southern-gu Incheon Metropolitan City of the new wall Incheon on the next day.

Accordingly, the defendant purchased philopon from F with B's arrangement.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. The second examination protocol concerning B of the suspect of the prosecution;

1. Statement made by each prosecutor with respect to F;

1. Each investigation report (the analysis of B mobile phone call transactions, confirmation of transaction details of bank accounts used B, change of 2.6 million won in the cost of penphones), and account transactions;

1. Previous convictions: To refer to inquiries about criminal history, each investigation report (Attachment of recent criminal records of the same kind, report on confirmation of the same kind of records), and apply a copy of each written judgment;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

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

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes, but the reason for sentencing Article 39(1) has a number of criminal offenses of the same kind, and the defendant committed the crime of this case during the period of the same repeated offense, and it is inevitable to have a sentence of imprisonment with prison labor.

However, the defendant is led to confession.

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