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(영문) 서울중앙지방법원 2015.06.04 2015고단1079

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than eight months.

640,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On September 26, 2013, the Defendant was sentenced to ten months of imprisonment due to a violation of the Act on the Control of Narcotics, etc. at the Suwon District Court on September 26, 2013 and completed the execution of the sentence at the Suwon Detention Center on December 19, 2013.

【Criminal Facts】

Even if the Defendant is not a narcotics handler, he handled psychotropic drugs-related psychotropic drugs-related Mesofts (hereinafter “copon”).

1. Around February 18, 2015, the Defendant received one injection device containing 0.8 gramphones from the Defendant’s dwelling in front of his dwelling in Gangnam-gu Seoul Metropolitan Government C and 402, and received it from D with his name-free taxi article in front of his dwelling in Gangnam-gu and 402.

2. The Defendant administered 0.03 grams in a single-use injection machine after dilution of approximately 0.03g of chophonephones received as above in the Defendant’s residence at the same time and time as the above 1. paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A written request for appraisal;

1. Inquiries about the details of subscription by radio operators;

1. Previous records: Application of inquiries, such as criminal records, replys to inquiries, investigation reports (verification of repeated crimes), and statutes;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the elective Management of Narcotics, Etc. concerning Criminal Facts and the Selection of Punishment (Optional to Imprisonment);

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. Second sentence of Article 67 of the Act on the Control of Narcotics, Etc. (the basis for calculation of a surcharge: 640,000 won = 800,000 won per 1g of retail price of penphones in Seoul Metropolitan area) x 0.8g) for sentencing [the scope of the upper recommendation types] for sentencing (the scope of purchase of penphones): one year to two years - the basic area of category 2 (mariju, native (b) (b) and (c) , etc.) (mariju, native b) and (c) of the Act on the Control of Narcotics, etc. - The person under special mitigation - The self-denunciation - The second crime (the suspension of execution of execution of execution of not more than three years): Ten months to two years;