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(영문) 서울북부지방법원 2017.03.22 2017고단16
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

1,800,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional charges.

Reasons

Punishment of the crime

On December 20, 2016, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Seoul Northern District Court on December 20, 2016, and the judgment became final and conclusive on December 28, 2016.

No person, other than narcotics handler, may sell and sell Meptop pyroops (one philophone, hereinafter referred to as "philophones"), which are local mental drugs, and the defendant is not a narcotics handler.

On April 20, 2016, the Defendant purchased approximately KRW 170,000 from E within the F Kazon vehicle operated by E in front of D in Gui-si, 23:00, and purchased approximately KRW 5,000,00 from G and H around that time, and sold half of the said opon by selling half of the opon.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspects of E, G, and H by the prosecution;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (the result of the case search);

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., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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

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. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) the Defendant was sentenced to a suspended sentence of two years on April 15, 2016 by imprisonment with prison labor for a crime of violation of the Narcotics Control Act at the Jung-gu District Court on April 15, 2016; and (b) immediately after the judgment became final and conclusive on April 23, 2016, the Defendant committed the instant crime; (c) equity with the case of a crime of violation of the Narcotics Control Act, where the judgment becomes final and conclusive; (d) equity with the case of a crime of violation of the Act on the Control of Narcotics, etc.; and (e) equity with the Defendant’s age, sexual behavior, intelligence and environment; (e) motive, means

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