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(영문) 의정부지방법원 2016.12.19 2016고단4553
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

840,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On February 23, 2012, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on October 11, 2012, and was sentenced to six months of imprisonment for a violation of the Act on the Promotion of Game Industry at the Jung-gu District Court on September 19, 2013 and completed the execution of the final sentence on September 19, 2013.

【Criminal Facts】

The defendant is not a person handling narcotics.

1. From January 2, 2014 to February 2, 2014, the Defendant received approximately 1.4g of psychotropic drugs from D’s psychotropic drugs at coffee stores located in the same Dongducheon-si, East-si, and received psychotropic drugs without compensation.

2. From September 17, 2016 to 19:00 on September 17, 2016, the Defendant sold psychotropic drugs by growing KRW 300,000,00 from F to F in the way near Dongdu-si Ella, 2016.

3. At around 17:00 on October 16, 2016, the Defendant administered psychotropic drugs by drinking the sonphone’s non-sononon in the house of H No. 402 of G building 402 on a coffee.

4. At around 19:00 on October 21, 2016, the Defendant administered psychotropic drugs by drinking the psychotropic drugs, in front of the supermarket in Scambacheon-si I, in a way that would prevent scopon from scoponing.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on investigation;

1. A copy of the seizure protocol;

1. A drug component and weight, and a copy of the DNA appraisal request;

1. A copy of the request for appraisal; and

1. A copy of a narcotics appraisal statement;

1. Seizure records;

1. Written of the small and medium estimated medical examination;

1. Consent to collection of urine urines and written confirmation;

1. Previous convictions: The application of Acts and subordinate statutes, such as criminal records, current status of personal confinements against A, resident inquiries, etc.;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

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

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

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