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(영문) 서울중앙지방법원 2015.12.24 2015고단6053

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for a period of two months.

1.6 million won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On February 22, 2011, the Defendant was sentenced to a suspended sentence of 10 months for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Eastern District Court on July 12, 201, and the suspended sentence of 1 year and 8 months for the same crime was terminated on May 28, 2014. On November 5, 2015, the Defendant was sentenced to a suspended sentence of 2 years and 4 months for a violation of the Act on the Control of Narcotics, etc. at the Seoul East Eastern District Court, and the said sentence became final and conclusive on November 20, 2015.

On March 8, 2015, around 00:04, the Defendant received KRW 1.6 million in cash from E at a singing room located in Jung-gu Seoul, Jung-gu, Seoul, and purchased and sold approximately 10 grams of psychotropic drugs (one-time clophone).

Summary of Evidence

1. Defendant's legal statement;

1. Copy of each protocol of examination of suspect to prosecution E;

1. Previous records of judgment: Criminal records and other inquiries, inquiry about summary records of case, and application of court rulings and other statutes;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Narcotics Control Act, the selection of imprisonment, or a sentence of imprisonment;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Circumstances unfavorable to the reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.: A person who has been sentenced to a suspended sentence of imprisonment and imprisonment for more than five times in total for a crime related to narcotics, in addition to the criminal offense committed by a repeated offender, is against the defendant. The crime of this case is concurrent crimes with the crime of the violation of the Act on the Control of Narcotics, etc. (fence) and the latter part of Article 37 of the Criminal Act as stated in the judgment of the judgment of the court below, and the defendant's age, character, character, environment, motive and result of the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions shown in the argument