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(영문) 광주지방법원 2016.06.24 2016고단1637
마약류관리에관한법률위반(향정)
Text

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

4 million 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

On April 19, 2013, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on April 19, 2013, and completed the execution of the sentence on June 24, 2014.

Defendant is not a narcotics handler.

1. On January 2015, the Defendant: (a) received KRW 500,00 from JN in Busan, Seo-gu, Busan; (b) sold approximately two grams of Mebaculs (one philopon; hereinafter “Melopon”), a local mental medicine, to NN.

2. On February 1, 2015, the Defendant provided approximately 10 grams of philophones to the AP located in the AP located in the Ga-gu Busan, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Entry of a copy of a protocol concerning the examination of suspect in the police with respect toN;

1. Previous conviction: Application of the Acts and subordinate statutes written as a result of inquiry;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Articles 60 (1) 2 and 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. for which the preparation of a sentence is made, and the selection of imprisonment for a crime;

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

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 Act on the Control of Narcotics, Etc. for Additional Collection (applicable grounds for recognition; transaction price of narcotics);

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Sentencing criteria;

(a) Crimes No. 1 (Scope of a recommendation) (Sales of phiphones) and two types (b) (referring to marijuana, flaging, item (c) and item (c)) in the increased area (one year and six months to four years), including sales, brokerage, etc. (limited to a suspended execution for not more than three years) of the same type;

(b) Two types of crimes (the scope of punishment on recommendation), trade, brokerage, etc. (the scope of punishment on recommendation), and the area of aggravation (one year and six months to four years) in the area of aggravation (one year and six months to four years), (the period of suspension of execution within three years) of such crimes (the period of suspension of execution within three years).

(c) The scope of final sentence due to the aggravation of multiple offenses: one year and six months from six years; and

2. The number of philophones sold and provided by the defendant who has rendered the sentence is not a large.

The defendant would be 4 times for the same crime.

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