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(영문) 서울남부지방법원 2013.05.24 2012고합917 (1)

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around July 2012, the Defendant, together with C, administered the apartment complex permanently located in the city of China, one-time medication of the merpta, in a manner that makes the foundation of the apartment site up to the gambling place, and makes the delay from the bottom of the apartment site up to the string.

2. Around July 14, 2012, the Defendant, along with C, administered D hotels in the Chinese city, in a manner that makes it possible for C to raise one-time medication to the gambling place, and makes the bottom of the medication open to the public.

Ultimately, the Defendant conspiredd with C to administer the Mepta in two times as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement C in the first protocol of trial;

1. Application of the Narcotic Drugs Appraisal Document (II) Act of October 30, 2012

1. Relevant Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., and Article 30 of the Criminal Act concerning criminal facts and the selection of a sentence;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Article 62 (1) of the Criminal Act;

4. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.

5. Reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc.

1. Imprisonment with prison labor for a period from one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Medication, simple possession, etc. of each basic crime and concurrent crime of violation of the Act on the Control of Narcotics, etc. (a decision of type)

Title (Type 3) / Each self-denunciation (Discretionary) [Scope of Recommendation and Punishment] / Imprisonment of 6 months to 1 year and 6 months (Mitigation of Mitigation)

(b) Six months to two years and three months from imprisonment with labor subject to the standards for handling multiple crimes (the lower shall be six months, which is the lower limit of the scope of sentence for the basic crime; the upper limit shall be one year and six months, which is the upper limit of sentence for the basic crime, plus nine months, which is 1/2 of the upper limit of the scope of sentence for the concurrent crime);

3. Six months of imprisonment with prison labor for the decision of sentence, one year of suspended sentence, the defendant does not have any previous order, and the defendant surrenders himself to investigate the crime of this case.