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(영문) 광주지방법원 2018.05.10 2018고단831

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Inasmuch as the Defendant was sentenced to eight months of imprisonment for a violation of the Act on the Control of Narcotics, Etc., which was committed after March 24, 2015 in the above case, at the Incheon District Court’s Branch Branch, on October 13, 2014, the Defendant completed the enforcement of the said sentence on June 12, 2015. On November 29, 2016, the Defendant was sentenced to one year of imprisonment for a crime of violation of the Act on the Control of Narcotics, Etc., which was committed before and after March 24, 2015, and was sentenced to one year of imprisonment for a crime of violation of the Act on the Control of Narcotics, Etc., which was committed after March 24, 2015, but one year of imprisonment for a crime of violation of the Act on the Control of Narcotics, etc., but the said fraud, etc. was not related to the instant crime and Article 37 of the Criminal Act, and thus, cannot be sentenced simultaneously (referring to a single sentence).

December 7, 2016, the above judgment became final and conclusive.

[2] Around May 12, 2016, the Defendant: (a) around 14:30 on May 12, 2016, the Defendant received a single injection device (one philophone) from M, which is a local mental medicine, around 0.8g of L located in Jung-gu Incheon, Jung-gu, Incheon, and received a penphone.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect to the prosecution regarding N;

1. In cases of investigation reports (Attachment of a copy of the judgment of MF), and copies of the judgment attached thereto;

1. Previous relationship: The application of Acts and subordinate statutes concerning the status of personal confinement as a result of inquiry;

1. Relevant 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, the selection of a sentence to imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes: (a) there are several criminal records with the reason for sentencing under Article 39(1) of the Criminal Code; (b) the fact that there are several criminal records of the same kind of punishment for the reason for sentencing; and (c) the participation in spreading phiphonephones by committing a crime during the period of repeated crime is unfavorable; or (d) there is against the time to commit a crime; and (e) the above crime for which judgment has become final and conclusive and the crime for which judgment has become final and a group of concurrent crimes