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(영문) 의정부지방법원 2018.02.01 2017고정2613

마약류관리에관한법률위반(향정)

Text

The defendant shall be exempted from punishment.

30,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Records] On July 7, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act (competence) at the Cheongju District Court, and the said judgment became final and conclusive on September 30, 2016.

[2] On January 1, 2016, the Defendant received KRW 300,00 from C in front of the street store located in Namyang-si, Namyang-si, and sold approximately 0.5g philopon to C.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect by the prosecution against C or D;

1. Previous convictions: Inquiry of criminal history (125 No. 125 times a year), reporting of the previous convictions of disposition and reporting of the results thereof, and applying statutes attached to the text of judgment;

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

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

1. The latter part of Article 39 (1) of the Criminal Act exempted from punishment [the crime of this case is the same crime at a time similar to the crime of violation of the Narcotics Control Act as indicated in the judgment below, and is exempt from punishment in consideration of the equity between the above crime and the case where a judgment becomes final and conclusive at the same time as the above crime];

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