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(영문) 서울중앙지방법원 2013.05.02 2013고단780

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

160,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The Defendant, who is not a person dealing with narcotics, is not a person dealing with narcotics, but treated the psychotropic drugs as follows, despite the fact that the Defendant is not a person dealing with the psychotropic drugs (hereinafter referred to as “clopon”).

1. On August 22, 2012, at around 21:00, the Defendant received approximately 0.05 g of philopon from A (the birth of 1966) in the Defendant’s B C C C C C C C in front of the mutual influorial movement in Songpa-gu Seoul.

2. At around 22:00 on the same day, the Defendant administered philophones received from the Defendant’s dwelling at the Defendant’s dwelling at Nowon-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City Nowon-gu) by drinking them on the water.

3. On November 19, 2012, at around 22:00, the Defendant received approximately 0.05 ghopon from A at the above Defendant’s residence, and administered the said hopon at the same time, at the same time, and at the same place.

Summary of Evidence

1. Defendant's legal statement;

1. Each written appraisal (Evidence 3, 4, 50);

1. Application of Acts and subordinate statutes to each investigation report (with respect to currency details and calculation report of additional collection charges);

1. Relevant Article of the Criminal Act and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., and Selection of Imprisonment with prison labor;

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

1. Reasons for sentencing in the proviso of Article 67 of the Act on the Control of Narcotics, etc. (decision of type) shall be prescribed for administration, simple possession, etc. of narcotics;

Items c) and c.

Considering the fact that the Defendant committed the instant crime again within a relatively short period after the expiration of the period of the last stay of execution, it is inevitable to sentence sentence to the Defendant, taking into account the following: (a) the basic area [decision of the recommended territory] / 10 months / 2 years / [decision of the sentence of recommendation] / the Defendant was sentenced to imprisonment with prison labor for a crime related to narcotics on 201 and 208.

However, it is considered as a favorable sentencing factor, such as the fact that the defendant is willing not to repeat the crime in response to the nature of the crime of this case.