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(영문) 서울중앙지방법원 2018.08.30 2018고단2909
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On August 7, 2014, the Defendant was sentenced to two years of suspended sentence for a violation of the Narcotics Control Act at the Seoul Central District Court on August 8, 2014, and was sentenced to two years of suspended sentence for August 15, 2014, and the said judgment became final and conclusive on August 10, 2015, and was sentenced to eight months of imprisonment and one year of imprisonment for a violation of the Narcotics Control Act at the Suwon District Court for a violation of the Act on the Control of Narcotics, etc., and the said judgment became final and conclusive on February 18, 2016, and the execution of each of the said sentence was terminated in the first intersection of the North Korean Branch on March 1, 2017. On June 16, 2017, the Defendant was sentenced to four months of imprisonment for an injury as a crime of injury at the Daegu District Court, and the said judgment became final and conclusive on November 21, 2017.

1. On April 9, 2018, in the vicinity of the C Hospital located in Sinpo-si B, the Defendant received a penphone from D, with approximately 0.68g of Melopon (one philopon; hereinafter “philopon”), a local mental medicine, without compensation.

2. On April 9, 2018, the Defendant administered philophones in a way that 0.03g of philophones received from the Sinpo-si E apartment and Fho-ho, such as the foregoing paragraph 1, are drinking in drinking water.

3. On April 17, 2018, the Defendant possessed a single rophone fraud and a single rophone fraud consisting of approximately 0.58g opphones in the vicinity of C Hospital located in Sinpo-si B, Sinpo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. A written appraisal of each drug;

1. Previous convictions in judgment: References to inquiries, investigation reports (verification during the period of repeated crimes), and application of Acts and subordinate statutes on the acceptance status of individuals;

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. 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 defendant's reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. shall be punished for the same crime.

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