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(영문) 서울북부지방법원 2016.01.29 2015고단4071

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment for four months.

450,000 won shall be additionally collected from the defendant.

equivalent to the above additional collection.

Reasons

Punishment of the crime

【The Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Narcotics Control Act at the Jung-gu District Court on September 30, 201, and completed the execution of the sentence at the Jung-gu District Court on April 21, 2012. On January 24, 2013, he/she was sentenced to one year to imprisonment with prison labor for a violation of the Narcotics Control Act at the Jung-gu District Court on October 15, 2013, and completed the execution of the sentence at the Chungcheong District Court on October 15, 2013. On December 17, 2015, he/she was sentenced to one year and two months of imprisonment with prison labor for a violation of the Narcotics Control Act at the Seoul Northern District Court on December 25, 2015 and became final and conclusive on December 25, 2015.

【Criminal Facts of crime” around 17:00, the Defendant received 400,000 won from F (a separate indictment for detention) on the street in front of “Air E 2,” located in Jung-gu Government-si, 17:00,000, and sold and purchased 0.5g of Meet ambacs (copon) which are a part-time mental medicine in a single-use injection machine, and at the same time delivered and received 0.5g of marijuana, which is contained in the day of gambling at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of a suspect of the police against F or G;

1. A report on investigation (calculated additional collection charges);

1. Previous convictions: Application of a written reply to inquiry, such as criminal history, a report on confirmation of facts, a report on investigation (Attachment to the suspect's judgment, etc.), a report on investigation (the first instance judgment in the case pending at the appellate trial of the suspect), and a text of the judgment (No. 1468, 2015, 1440, 1802) and statutes;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 61 (1) 6, and Article 4 (1) 2 (a) of the Narcotics Control Act (a point of receipt of marijuana) concerning a crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. subject to Additional Collection = 450,000 won = Handphones; and