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(영문) 대전지방법원 2013.06.14 2013고단1289
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

10,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

On December 21, 2010, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc., and completed the execution of the sentence on March 15, 2012, in the wooden District Court Branch of Gwangju District on December 21, 2010.

Around 18:00 on March 21, 2013, the Defendant received approximately 0.03 g of psychotropic drugs from psychotropic drugs C in front of a bus terminal located in Tong Young-si, U.S., and received approximately 0.03 g of psychotropic drugs (one philopon; hereinafter the same shall apply), free of charge, from psychotropic drugs C, and administered approximately 0.03 g of clopon, received from the inn where the trade name is unknown at around 20:0 on the same day, in which it is not known.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Response to the request for appraisal;

1. Application of an investigation report (the date of release, confirmation of the date of release and attachment of a certified copy, etc. of judgment), investigation report, and statutes;

1. Relevant Article and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) (Article 60 (1) of the Act on the Control of Narcotics, Etc.) concerning the facts constituting an offense, for which the relevant provision and the choice of a punishment are applicable;

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. proviso to Article 67 of the Act on the Control of Narcotics, etc.;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment [the scope of punishment] 1 month to 20 years [the person who has been sentenced to a special imprisonment] aggravation (the person who has been sentenced to a suspended sentence for not less than three years) of imprisonment [the person who has been sentenced to a suspended sentence] mitigation element (general investigation cooperation] / (the scope of recommending punishment] mitigation element of narcotics crime group, medication, simple possession, etc. (type 3, f.b. and (c)), aggravation area, aggravation area, one year to 3 years of imprisonment [the decision of sentencing] 1 year and 6 months of imprisonment and 1 year and 6 months of imprisonment, and one year and 1 year after release as a same repeated offense;

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