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(영문) 수원지방법원 2015.07.08 2015고단1412

마약류관리에관한법률위반(향정)

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On January 22, 2015, the Defendant was sentenced to one year to imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Suwon District Court on January 22, 2015, and the judgment became final and conclusive on June 23, 2015.

【Criminal Facts】

The defendant is not a person handling narcotics.

On September 10, 2013, the Defendant: (a) at the staff accommodation of the 5th floor of the Drain Bank building located in Yeongdeungpo-gu Seoul Metropolitan Government, two fasts in water disease together with E and F; (b) laid down two fasts in water disease; (c) laid down in an Arode as an Arode; and (d) laid down in a pen-phone, 0.35g, and dried up the smoke by heating it into a soft, and administered it through other as soon as possible.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Report of investigation (report on the binding of court rulings);

1. A report on investigation (the filing of a surcharge on property information);

1. Criminal records as stated in the judgment: Investigation report (a copy of a separate judgment), investigation report (report on the results of an appeal by a suspect), each judgment, and application of statutes of the fixed date inquiry;

1. Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) and Article 2 of the Act on the Control of Narcotics, Etc., concerning the relevant criminal facts and the selection of fines for negligence;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Although the reason for sentencing of Article 334(1) of the Criminal Procedure Act provides that the defendant can have a criminal record identical to that of the defendant, the court shall select a fine only once taking into account equity in cases where the judgment of the court becomes final and conclusive at the same time with the offense of violating the Act on the Control of Narcotics, etc. (fe