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(영문) 대전지방법원 천안지원 2014.04.30 2014고합47
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at the Suwon District Court on November 7, 2013, sentenced to a suspended sentence of 8 months for a violation of the Act on the Control of Narcotics, Etc., and was sentenced to a suspended sentence of 2 years on November 15, 2013, is not a person on whom the said judgment became final and conclusive but a person handling narcotics

1. Around April 2013, the Defendant sold one 950,000 won in cash to F in front of the E Bank located near the D Station located in Ansan-gu Mayang-si C. Around April 2013.

2. On December 2, 2012, the Defendant sold to F, in cash, a shot vinyl paper containing approximately 40g of marijuana to F, from the stairs of commercial buildings in which it is difficult to find out the trade name in the D Station C at Anyang-si, Annyang-si, the Defendant sold to F for KRW 50,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution;

1. Court rulings (No. 10 in list of evidence); and

1. Copy of the table for request for appraisal (2013-M-33883);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (report attached to judgments, etc.);

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., and Article 59 (1) 7, and subparagraph 9 of Article 3 of the Narcotics, etc. Act concerning facts constituting an offense (a point of sale of phiphonephones and choice of limited imprisonment);

1. Handling concurrent crimes and mitigation of mitigation thereof: The latter part of Article 37, Articles 39 (1) and 55 (1) 3 of the Criminal Act (the consideration of equity in cases where a judgment at the time of sale is to be rendered concurrently with the crime for which a final

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravation of concurrent crimes within the scope of adding up the long term of the crimes of violation of the Act on the Control of Narcotics, etc. with heavy penalty and the punishment specified in the aforesaid two crimes];

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of the fact that the defendant is against the defendant and has no same record of force);

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

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