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(영문) 서울남부지방법원 2017.12.27 2017고단5874

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 2,00,000 won.

However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 29, 2017, the Defendant was sentenced to 10 months of imprisonment with labor for a violation of the Narcotics Control Act in the Seoul Southern District Court and two years of suspended execution and on December 7, 2017, and was not a person dealing with narcotics.

On June 2016, the Defendant received philophones by way of cutting approximately 0.8g of philophones packed as paper to C at the residence of Yeongdeungpo-gu Seoul Metropolitan Government Police Officer B, and 0.8g of philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Previous convictions: Inquiry about criminal history, inquiry about case information, and application of the text of the judgment;

1. Articles 60(1)2 and 4(1)1 and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc. concerning criminal facts

1. The choice of punishment is subject to both imprisonment and fine under Article 66(2) of the Act on the Control of Narcotics, Etc.

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. for Additional Collection

1. Taking into account the following factors: (a) the crime of sentencing under Article 334(1) of the Criminal Procedure Act reflects the reason for the provisional payment order; (b) the equity between the cases where the judgment was rendered simultaneously with the same kind of crime as the judgment became final and conclusive; and (c) the circumstances leading to the crime;