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(영문) 의정부지방법원 고양지원 2018.11.14 2018고단2420
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for two years.

30,000 won shall be additionally collected from the defendant.

As to the defendant.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act (compact) at the Incheon District Court on February 3, 2016, and was sentenced to one year and eight months, and on April 12, 2017, the Defendant completed the enforcement of the said sentence at the Port Correctional Institution and six times of the same record.

[Criminal facts] The Defendant is not a person handling narcotics, and is not a person handling narcotics, and is not a person handling narcotics, and thus, the Defendant is not allowed to administer the Mebacule (the clopon, the copon, and the copon).

1. On January 2018, the Defendant administered phiphones by dilutioning 0.05g phiphones into water in a shopping mall located in Jung-gu Seoul, Jung-gu, Seoul.

2. On January 2018, the Defendant administered phiphonephones by dilutioning 0.05g phiphones into water in the mid-to long-term Seoul Dongdaemun-gu shopping mall.

3. On September 14, 2018, the Defendant administered phiphonephones in a way of dilutioning 0.05g phiphones on the roads near the mid-gu Seoul Western District by dilution them into water.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the results of the preliminary experiment on narcotics, a written response to appraisal (including the training of urinals-phiphones), and a drilling (including a narcotic appraisal report);

1. A report on investigation (related to a surcharge imposed on a suspect);

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, report on investigation, details of the recipient's identification attached thereto, and application of each statute of the judgment;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Articles 60 (1) 2 and 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. for which a penalty is selected, and the choice of imprisonment for a crime, respectively;

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 proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act [the scope of recommendation] / [the scope of punishment ] medication and simple possession, etc. / The aggravated area (one year to three years) (one year to three years) is the same kind of punishment.

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