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(영문) 서울북부지방법원 2016.01.21 2014고단2050

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for 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

On May 3, 2012, the Defendant was sentenced to imprisonment with prison labor for ten months for a violation of the Narcotics Control Act at the Suwon Methods Institute (hereinafter referred to as the “Act”) and completed the execution of the sentence on September 17, 2012.

Defendant is not a narcotics handler.

At around 03:00 on January 2, 2014, the Defendant purchased approximately 00,00 won from D’s test color car parked on the front side of “C charging station” located in Seocho-gu Seoul Metropolitan Government, and purchased approximately 0.1g g of Meteptop clop, which is a local mental medicine flapsing on paper. At around 11:00 on the same day, the Defendant purchased approximately 0.1g of “F” f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. c

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning suspect examination of D;

1. A written appraisal of each drug;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, personal identification and details of expropriation, and application of statutes of the judgment text investigation report;

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for the Fact-finding and the Selection of Punishment, Etc. (the point of purchase and administration of phiphones, the point of administration, and the choice of imprisonment, respectively);

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

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. Standard for sentencing the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment;

(a) Type 3 (Scope of recommending punishment), mitigation area (from six months to one year and six months) of the Act on the Control of Narcotics, Etc. due to medication / [type] medication, simple possession, etc. / [the scope of recommending punishment] mitigation area (the scope of punishment between six months to one year) - Special mitigation person: Cooperation in important investigation, self-denunciation - Special aggravation person: A person subject to the same criminal record (at least three years of suspension of execution within three years);

(b) Violation of the Act on the Control of Narcotics, Etc. by Purchase / [type] 2 types (e.g., marijuana and native b., item (c) and item (c)) / [the scope of the recommended sentence].