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(영문) 서울북부지방법원 2012.10.25 2012고단2303

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

1,650,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On May 18, 2010, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny at the District Court of the Republic of Korea on April 5, 201, and completed the execution of the sentence in the North Korean Prison I prison on April 5, 201, and is not a person handling narcotics.

1. The Defendant: (a) around 22:00 on May 1, 2012, at D coffee stores, and around 22:00 on May 1, 2012, up to 80,000 won for a single injection machine, containing oneg of psychotropic drugs metropos (one penphone; hereinafter referred to as “copon”); (b) psychotropic drugs, to E, and (c) from E, for its price.

As above, the Defendant traded philophones.

2. The Defendant, around 22:00 on May 13, 2012, around the 306 Supplementary road in the Army, the 306 Supplementary Zone for the Army, the Defendant 22:00 square meters, 8.5 million won from E, and 8.5 million won from E on the same page, 1 a one for a one-time injection in which the 1g of the philopon is included in E, and the above E, from its surrounding areas, f.e., one for the said one.

As above, the Defendant traded philophones.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning E;

1. Previous records: Application of the Act and subordinate statutes to criminal records and confirmation reports on the date of final release (personal data saving and confinement status);

1. Articles 60(1)3 and 4(1), and 2 subparag. 4(b) (a) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201; hereinafter the same shall apply) concerning criminal facts; the choice of imprisonment for each category of punishment

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The reason for sentencing in the proviso to Article 67 of the former Act on the Control of Narcotics, Etc. is that the defendant trading a large quantity of phiphones during the period of repeated crimes, and the nature of the crime is not good, but the defendant voluntarily surrenders himself/herself and the facts charged are deemed to be contradictory even in this court, etc., the punishment shall be determined like the order, taking into consideration