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(영문) 청주지방법원 2015.08.18 2015고단962
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On February 10, 2010, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Suwon District Court on February 10, 201, and was not a person who completed the execution of the sentence on August 30, 201.

1. On July 2013, 2013, the Defendant administered a Mepping 0.05g of psychotropic drugs, on the water, at a inn where it is impossible to identify the trade name in the Youngcheon-si, Seocheon-dong, the Defendant administered a Mepping 0.05g of psychotropic drugs.

2. Around June 7, 2015, the Defendant administered approximately 0.05 g of philophones on the water at the Defendant’s residence in Bocheon-si C, and administered them on the water.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Responses to a request for appraisal (fix, conspiracy-training) (limited to the case of paragraph (1) on the market), replys to a request for appraisal (limited to the case of paragraph (2) on the market);

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

1. Previous convictions indicated in judgment: Reporting on investigation (verification of the expiry date of punishment), resident inquiry, and application of Acts and subordinate statutes concerning criminal records;

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., concerning the relevant criminal facts and the Selection of Punishment;

1. Article 35 of the Criminal Act among repeated crimes (as to the crime of Article 1 in the market)

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 Control of Narcotics, Etc. subject to Additional Collection = 200,000 won = twice 】 100,000 won (the price at the area of Cheonglopon on February 2015) ;

1. Application of the sentencing criteria) Basic crimes (a) (a) (a) basic crimes (a crime of subparagraph 1 at the time of sale), narcotics crimes, medication, simple possession, etc., and Type 3 (a) (b) basic crimes;

Items c) and c.

(i) [Special Convicts] Reduction element: None of the factors to be mitigated: Aggravation of the same kind of previous conviction (the scope of recommending punishment); the area of aggravation of imprisonment with prison labor for not less than one year but not more than three years; concurrent crimes (the second crime at the time of sale) / [decision of types] narcotics crimes, medication, simple possession, etc.; and Type 3 (b) and (c) [Special Convicts].

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