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(영문) 서울북부지방법원 2018.08.08 2018고단2130

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. Violation of the Act on the Control of Narcotics, Etc. - The Defendant, on May 18, 2018, dump dump (one philopon; hereinafter referred to as “philopon”) dump dump, which was parked in the front of Seongbuk-gu Seoul, around 19:00 on May 18, 201, dump dump to a coffee.

Accordingly, the Defendant administered philophones.

2. Violation of the Act on the Control of Narcotics, Etc. - The Defendant was in possession on May 19, 2018, containing approximately 0.07 grams in Seongbuk-gu Seoul E On the street and approximately 0.07 gramphonephones in a single-time injection machine.

Accordingly, the defendant possessed a philophone.

3. On May 19, 2018, around 00:10 on May 19, 2018, the Defendant entered the said house with the victim F (60 years old) located in Seongbuk-gu Seoul, and entered the said house in front of the house.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Response to a request for appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 319 (1) of the Criminal Act concerning facts constituting an offense, and Article 60 (1) 3, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc. through which the relevant law and the choice of a punishment are applicable;

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

1. An order to observe the protection under Article 62-2 of the Criminal Act;

1. Sentencing sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. shall be determined as ordered by the court in consideration of the following factors: (a) the defendant has no criminal record related to narcotics within the last ten years; (b) the quantity and frequency of penphones handled by the defendant; (c) the fact that the defendant intrudes upon his/her residence at night; (d) the victim F does not want the defendant's punishment; (b) the defendant's age, sexual conduct, intelligence and environment; (c) the relationship with the victim;