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(영문) 서울중앙지방법원 2014.01.28 2013고단6578

마약류관리에관한법률위반(향정)

Text

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

609,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

【The Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Suwon District Court on July 14, 201, and completed the execution of the sentence on September 29, 201. On December 6, 2012, the Seoul Central District Court sentenced one year and six months to imprisonment with labor for a violation of the Narcotics Control Act. The judgment on April 10, 2013 became final and conclusive.

【Criminal Facts” Even though the Defendant is not a person handling narcotics, on May 14, 2013, the Defendant administered a phiphone in a manner of dilution by dividing 0.7gg of psychotropic drugs into raw water, drinking water, etc. where psychotropic drugs are gathered at the Domotour room located in Songpa-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of narcotics;

1. Application of Acts and subordinate statutes to a criminal investigation report (A) and a criminal investigation report (report on the calculation of an additional collection charge);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts;

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

1. The Defendant had been punished several times for the same criminal records and had been living under the proviso of Article 67 of the Narcotics Control Act for a long time.

In particular, the crime of this case is not attributable to the mistake of the defendant in that the defendant committed the crime of this case with the lapse of the period of suspension of execution after receiving a judgment on the same kind of crime and receiving a decision on the suspension of execution.

However, under the circumstances where the treatment of a new disease is broken, the defendant needs to live a prison life for one year and six months due to the same criminal record, even though the special circumstance of the crime of this case where a large quantity of narcotics was bruptly administered, and the defendant voluntarily attends the investigative agency, the defendant's mistake is recognized, the defendant's health is extremely worse, and the simple form of treatment is the only method.