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(영문) 수원지방법원 안양지원 2017.01.24 2016고단1657
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

60,000 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

[Criminal history] On July 8, 2016, the Defendant was sentenced to four years of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court’s Branch Branch Branch, and the judgment became final and conclusive on November 24, 2016.

[2] Around 06:00 on February 18, 2015, the Defendant: (a) was parked in the vicinity of the Bupyeong-gu Incheon Bupyeong-gu, Incheon, and sold a philopon by 0.8g m., a local mental medicine medicine (hereinafter referred to as the “clopon”); and (b) delivered a 600,000 won under the name of the price to sell a philopon.

Summary of Evidence

1. Statement by the defendant in court;

1. The content of conversation;

1. A copy of the judgment from the first instance to the Supreme Court;

1. Report on the calculation of an additional collection charge;

1. Previous convictions: The application of a written reply to inquiries, such as criminal history, case summary information (in 2015, 23957, 2015, 2016, 2016, 6, etc.), judgment (in 2016, 2190, Seoul High Court Decision 2016, 2016, 15360) and judgment (in 2016, 2016Do15360);

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 a sentence to imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (600,000 won);

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act [the scope of recommendations given in the sentencing guidelines] - the effect that the sentencing guidelines are not applied in relation to a single concurrent crime after Article 37 of the Criminal Act [the decision of sentencing] - favorable circumstances: the crime of this case is in relation to a violation of the Narcotics Control Act (or the decision of sentencing): the crime of this case in relation to a concurrent crime after Article 37 of the Criminal Act, which has become final and conclusive, and there is a need to consider the balance between the crime and the case where the defendant is adjudicated at the same time; the defendant recognized his mistake; the defendant committed the unfavorable circumstances: the defendant is a crime of violation of the Narcotics Control Act in 2014, which is sentenced to the suspension of the execution of imprisonment of 8 months.

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