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(영문) 광주지방법원 장흥지원 2018.02.08 2017고단232

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

10,000 won shall be additionally collected from the defendant.

The above additional charges are imposed on the defendant.

Reasons

Punishment of the crime

[criminal records] On March 17, 2017, the Defendant was sentenced to a suspended sentence of two years and six months for a violation of the Narcotics Control Act at the Seoul Northern District Court on March 17, 2017, and the judgment became final and conclusive on March 25, 2017. However, on June 23, 2017, the sentence of the suspended sentence was revoked and the sentence of the said suspended sentence was revoked and at present, the Defendant was sentenced to several prisons in prisons (which will be terminated on October 16, 2019).

[Criminal facts] The Defendant is not a narcotics handler

1. On March 11, 2017, the Defendant: (a) decided to purchase MDMA (one name X-si; hereinafter “EX-si”) through E-rating app from a person who was aware of the name in secret via the Internet “D” site search; (b) as ordered by the seller; (c) purchased X-si by means of factoring, which would bring about 100,000 won under the bricks in the vicinity of the construction site located in Yeongdeungpo-gu Seoul Metropolitan Government, and around the same day, around 21:30 on the same day.

2. On March 11, 2017, at around 23:30, the Defendant administered a medication in a way that, at the Defendant’s residence of Dongdaemun-gu Seoul Metropolitan Government F AF No. 2315, the X-si 1, which was purchased as referred to in the foregoing paragraph 1, took place together with beer.

Summary of Evidence

1. Statement by the defendant in court;

1. A written request for an investigation by the Seoul Protection Observation Office, a written appraisal, or a written appraisal by the National Institute of Scientific Investigation;

1. Investigation report (A's report on the calculation of additional collection charges);

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (the results of the case search);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The first head judgment on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act becomes final and conclusive.