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(영문) 서울북부지방법원 2012.11.02 2012고합285

강간등

Text

A defendant shall be punished by imprisonment for two years.

20,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional charges.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. Around 04:20 on May 29, 2012, the Defendant administered clophones in a way that clograms (one philophone, hereinafter “philophones”) with approximately 0.05g of psychotropic drugs in a beer line.

2. On 09.06.05:10 on 09.06., the Defendant administered philophones by using 0.05g philophones in a room in which the number of cnicks, such as the preceding paragraph, is unknown, in which case 0.05g of philophones are not known.

Summary of Evidence

1. Defendant's legal statement;

1. 아큐샤인간이시약검사결과

1. Written statement of the prosecution and the prosecutor’s seal;

1. The application of Acts and subordinate statutes to the prosecution delivery report (narcotics appraisal report) and the prosecution delivery report (the color-explosion appraisal report);

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

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act from among concurrent crimes (aggravating concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc. (aggravating Crimes as of June 9, 2012 with heavy penalty)

1. proviso to Article 67 of the Act on the Control of Narcotics, Etc. [200,000 won for philophones administered (=one time price of 100,000 x two times)];

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

1. The scope of punishment by law: Imprisonment for not less than one month but not more than 15 years;

2. Scope of the recommended sentence according to the sentencing guidelines (decision of type), the group of narcotics crimes, the number of medications, the number of simple possession, etc., and the number of types of types (b) (the area of recommendation) / [the scope of recommendation] of the basic area / [the scope of recommendation] / imprisonment with prison labor for not less than 10 months but not more than 2 years [the treatment of multiple crimes] / imprisonment for not less than 10 months and not more than 3 years [2 years (two

3. Although the Defendant had the record of being punished for the violation of the Act on the Control of Narcotics, etc., the Defendant committed the instant crime, the Defendant administered phiphonephones twice prior to the instant crime, and the Defendant committed 10 times prior to the instant crime, including the Defendant’s previous convictions.