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(영문) 청주지방법원 2016.08.09 2016고단1224
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Nos. 1 and 2 of the evidence seized by the defendant shall be confiscated, and KRW 100,00 shall be confiscated.

Reasons

Punishment of the crime

On September 19, 2014, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Narcotics Control Act at the Cheongju District Court, and completed the execution of the sentence at the Seoul Southern Prison on February 1, 2016.

1. The defendant was parked in front of the D periodical located in Seo-gu, Busan on June 12, 2016, around 15:00 on the number of meta-cops (one penphone, hereinafter referred to as a "philoopon")

E purchase 70,000 won in cash from E and 1.2g Handphones from E within a white metric car owned by E.

2. On June 16, 2016, the Defendant: (a) administered philophones by inserting 305 Gelher 305 popon copon copon copon copon copon copon copon copon copon copon copon copon copon copon copon copon copon copon copon copon copon to

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. A copy of bankbook;

1. Response to a request for appraisal;

1. A report on investigation (calculated additional collection charges);

1. Previous convictions: Application of Acts and subordinate statutes, such as reporting on confirmation of the fact of release and criminal history;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of imprisonment for a definite term, and the selection of imprisonment for a definite term;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. Special sentencing factors subject to the sentencing guidelines: The range of final sentences according to the criteria for handling multiple crimes in the basic sphere (one to two years), including the self-denunciation, the same type of criminal records (not less than the suspension of the execution of a period of not more than three years), the basic area (one to two years), the administration of which and the simple possession of which are classified into two types (one to two years), and the basic area (one to two years), such as the sale of and mediation for the same kind of criminal records (not less than the suspension of the execution of a period of not more than three years): One year to three years;

1. Circumstances that are disadvantageous to the decision of sentence: the circumstances which are favorable to the fact that the person has been sentenced to a second offense during the period of the same repeated offense and a fine for the same kind of punishment once in addition to the previous offense;

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