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(영문) 서울서부지방법원 2017.09.21 2017고단1844
마약류관리에관한법률위반(대마)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

103,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal history] On December 11, 2014, the Defendant was sentenced to one year to imprisonment with prison labor for a violation of the Narcotics Control Act at the Seoul Western District Court on the grounds of a violation of the Act on the Control of Narcotics, etc., and completed the execution of the sentence on April 19, 2015.

[Criminal facts] The Defendant is not a narcotics handler

1. On May 26, 2017, the Defendant: (a) placed in a house located in Eunpyeong-gu Seoul Metropolitan Government, in a tobacco dog; (b) smoked in a way of smoking with a fire attached thereto; and (c) smoked.

2. On June 23, 2017, the Defendant: (a) inserted approximately 0.06g of Memptop ctop ctop ctop ctop (hereinafter “philopon”) in a single-use c toptop c toptop ctop, Eunpyeong-gu Seoul, Seoul; and (b) injected them in a way that the Defendant injected them into the Defendant’s c toptop ctop ctop.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of each drug;

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

1. Previous convictions in judgment: Application of inquiry letter, text of judgment, and Acts and subordinate statutes on personal expropriations;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) (a) of Article 2, Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) (a) (ab) of the Narcotics Control Act on the facts constituting an offense; hereinafter referred to as "culpon medication"); and Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) (a) of the same Act on the Control of Narcotics, etc.; hereinafter referred to as "culon medication");

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. Reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. [the scope of the punishment according to the sentencing guidelines] - Class 1 of theO (the clopon medication) - Type 3 (the copon medication, the copon medication and the copon medication) basic area (10 to 2 years): The person subject to special mitigation (the c) - the number of self-denunciation - Class 2 of theO (the copon disturbance within the copon suspension period of three years) - the area subject to aggravated punishment (the copon medication, the copon medication, the copon medication and the copon medication, etc.) of Category 2 of the Act on the Control of Narcotics, etc. (the copon medication, the copon medication and the copon medication, etc.) of the same kind of offense and the scope of final aggravated punishment according to the majority of the crimes:

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