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(영문) 서울중앙지방법원 2017.12.07 2017고단6261
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and ten months.

Seized evidence 1 to 4 shall be confiscated.

From the defendant, 100.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On March 25, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act (compact) in the Goyang Branch of the Jung-gu District Court on March 25, 2016, and completed the execution of the sentence in the Daegu Prison on April 12, 2017.

【Criminal facts】 The Defendant is not the handler of narcotics

1. At around 15:00 on August 24, 2017, the Defendant administered a scopon medication in a copon dose ( usual one-time medication, approximately 0.05 g) with the copon dose (hereinafter “scopon”).

2. On August 25, 2017, around 00:45, the Defendant: (a) carried philophones in E’s benz cars parked adjacent to “D” located in Jung-gu Seoul, Jung-gu, Seoul; (b) divided half of 19.34g of philophones into two plastic factorings, and kept them in the vicinity of the said vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Arrest report of the victim;

1. A letter of time to conduct an inspection of small riverines;

1. Photographs of seized articles and protocol of seizure (No. 8 No. 1 of the list of evidence);

1. Notification of the results of legal and chemical appraisal (one-time fraud), notification of the results of legal and chemical appraisal (explosion), notification of the results of legal and chemical appraisal (explosion), each appraisal report (No. 34, 39) and DNADB search results;

1. Before judgment: Inquiries about criminal history, copies of the judgment (2015 Goyang-gu 2015 Goyang-gu 2424) and the application of Acts and subordinate statutes to the personal confinement status;

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., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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. The scope of the recommended punishment [the scope of the recommended punishment] under the sentencing criteria set forth in the proviso of Article 67 of the Act on the Control of Narcotics, Etc. subject to Additional Collection (the additional collection of KRW 100,000,000,000,000,000 for a single medication) of the Act on the Control of Narcotics,

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