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(영문) 대전지방법원 2015.07.22 2015고단1104
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

60,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On July 19, 2012, the Defendant was sentenced to eight months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Daejeon District Court on July 19, 2012, and completed the execution of the sentence in the Daejeon Correctional District Court on October 27, 2012.

【Criminal Facts】

Defendant is not a person handling narcotics.

1. On April 17, 2014, the Defendant sold 0.7 grams of psychotropic drugs to H and I for 500,000 won at the front of G hotel located in F in the Chungcheongnam-nam Budget Group.

2. At around 10:00 on April 12, 2015, the Defendant administered approximately 0.05 grams from “K” toilets located in the J of Gongju-si in the form of cryponing to coffee.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning I;

1. Report on investigation (the result of preliminary examination) and report on the calculation of additional collection charges;

1. Confirmation of simple test of narcotics, report on the results of preliminary test of narcotics, response to requests for appraisal, written request for appraisal, and monthly trends of narcotics ( March 2015);

1. Previous convictions: Criminal and investigation record data inquiry (A), personal identifications and confinements (A), reporting attached to judgments, reporting attached to judgments, red support of the Daejeon District Court 2012 High Court 168 High Court 2012 High Court 2012 High Court 2012No940 Supreme Court 200

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of a sentence;

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. Grounds for sentencing under the proviso to Article 67 of the Act on the Management of Narcotics, Etc. (the value under paragraph (2) of the same Article, indicated in the purchase and sale price under paragraph (1) at the time of the sale)

1. The sentencing criteria applicable to this case shall be applied on April 22, 2015, with the former guidelines for narcotics crimes (amended on April 13, 2015 and enforced on May 15, 2015).

The scope of recommendations on the violation of the Act on the Control of Narcotics, etc. (flag) due to the sale of phiphonephones shall be punished by imprisonment for a period of one to two years.

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