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(영문) 부산지방법원 서부지원 2019.01.22 2018고단1802
마약류관리에관한법률위반(향정)
Text

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

6,000,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On September 22, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Ulsan District Court on September 22, 2017, and was finalized on October 16, 2017, and was not a person handling narcotics.

On November 22, 2016, upon receiving the request from B to request from B in a non-place of Busan and less than Busan, the Defendant allowed B to purchase 50 gramphones from C in front of Daegu Suwon-gu D with C in order to purchase 50 million won from C.

Accordingly, the defendant assisted the trade of philophones between B and C.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol of interrogation of the police as to B;

1. Each report on investigation;

1. Details of currency;

1. Previous records: Application of the Acts and subordinate statutes to inquire results, investigation reports (Attachment of written judgments), investigation reports (verification of the day on which the sentence is confirmed), previous dispositions, and report on results of confirmation;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection of Narcotics, etc., and Selection of Imprisonment with prison labor concerning facts constituting an offense;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. In light of the fact that the crime concerning narcotics for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is not very good in the nature of the crime, considering addiction and the personal and social harm resulting therefrom, it is not easy to detect the crime due to the nature of the crime, and the risk of recidivism is high, as well as may cause serious harm and harm to the national health, the crime of this case takes an essential role in the distribution of phiphonephones by arranging the purchase and sale of phiphones, the nature of the crime is bad, the amount of phiphones is considerably high, and the defendant has been punished four times for the same crime.

However, the defendant seems to have led to the confession of the crime and to reflect the mistake.

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