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(영문) 서울중앙지방법원 2016.01.14 2015고단6317

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 10, 2014, the Defendant was sentenced to imprisonment for one year and nine months with labor for a violation of the Narcotics Control Act at the Seoul Central District Court on July 10, 2014 and the judgment became final and conclusive on December 22, 2014.

On November 2013, 2013, the Defendant injected approximately 0.1g of biophones from 602 heading room located in Gangnam-gu Seoul, Gangnam-gu, to clocks with E, and then administered them to each string with E as the introduction.

Accordingly, the Defendant conspiredd with F to administer philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols concerning the interrogation of suspects by the prosecution against the accused, E, or F;

1. Previous offense: Inquiry into criminal records and investigation records, inquiry into summary information of the case, and application of each statute of the judgment;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act, Article 30 of the Act on the Selection and Management of Narcotics, etc. for Criminal Facts, and Selection of Imprisonment with prison labor;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. There is no record of punishment for a crime related to narcotics, except for a crime of violation of the Act on the Control of Narcotics, Etc., as indicated in the judgment of the defendant with the reason for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc., which has become final and conclusive. The crime of this case is a concurrent crime with a crime of violation of the Act on the Control of Narcotics, etc., which has become final and conclusive, and a concurrent crime of violation of the latter part of Article 37 of the Criminal Act. In addition, the punishment shall be determined as ordered in consideration of the defendant's age, sex, environment, motive and consequence of the crime, and various sentencing conditions