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(영문) 춘천지방법원 2012.08.16 2012고단617
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for four months.

80,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On December 16, 2009, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court on December 16, 2009, and completed the execution of the above punishment on December 13, 2010

1. On March 201, 201, the Defendant received philophones from P on March 21, 201 and received philophones from P at approximately 0.3g of 21:0 on a day lower than that of the lower order of 21:00, one philophones from P without compensation.

2. Around April 2011, the Defendant, along with P, administered phiphones by inserting approximately 0.1g of phiphonephones brought by P in from P at approximately 20:00 on Apr. 2, 201, in the middle half-yearly Qel 302, and 0.1g of phiphones brought by P at KRW 0.05g on a single-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-related

The Defendant conspireded with P to administer philophones.

3. On August 16, 2011, the Defendant received philophones from the Defendant: (a) around the street market in the south-gu Incheon Metropolitan City RR market; (b) around August 21, 201, the Defendant received philophones from S for a single-use injection device containing approximately 0.05 g of philophones without compensation and received philophones.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of S by Prosecutor (Investigation record No. 539);

1. Examination protocol of suspect suspect of P by the prosecution (as of June 5, 2012, and as of June 5, 2012, 585) 1. Examination protocol of suspect of P by the prosecution (as of June 20, 2012);

1. Report on investigation (report on the calculation of additional collection charges);

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the last day of punishment);

1. Articles 60(1)3, 4(1), and 2 subparag. 4(b) of the Criminal Act and Article 30 of the Criminal Act (Provided, That Article 30 of the Criminal Act is limited to crimes specified in paragraph (2) of the same Article and choice of imprisonment, respectively) of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 10786, Jun. 7, 201);

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. The grounds for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. shall extend to several times of crimes of the same kind.

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