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(영문) 서울중앙지방법원 2013.06.27 2013고단2666
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

【Criminal Power】 On September 5, 2007, the Defendant was sentenced to six years of imprisonment with prison labor for a violation of the Narcotics Control Act at the Incheon District Court on September 5, 2007, and completed the execution of the sentence on January 27, 2013.

【Criminal Facts】 The Defendant is not a person handling narcotics.

1. On May 1, 2013, around 14:00, the Defendant received 2 and 3 times psychotropic drugs medication from C in the Defendant’s vehicle parked in the vicinity of the Gwanak-gu Seoul Special Metropolitan City, for free, the Defendant provided 0.03g of 0.03g of psychotropic drugs to D in the vicinity of the same day.

Accordingly, the defendant received philophones from C and delivered philophones to D.

2. At around 02:00 on May 5, 2013, the Defendant administered the F hotel’s third floor of the F hotel in Seocho-gu Seoul, Seocho-gu, by dilutioning the remaining philophones into beer, after issuing it to D as above.

Accordingly, the Defendant administered philophones.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. A report on investigation (report on the calculation of an additional collection charge);

1. Written appraisal of narcotics;

1. Application of Acts and subordinate statutes to inquiries, such as criminal records, and reports on criminal investigations (report on confirmation of repeated crimes);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts;

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 in the proviso to Article 67 of the Act on the Control of Narcotics Additional Collection;

1. The scope of recommendation according to the sentencing guidelines, receipt and delivery of phiphonephones (determination of types), narcotic drugs, sales brokerage, etc., Type 2 (Special Convicts) important investigation cooperation (reductions) and criminal records of the same kind before or after the suspension of the execution of not more than 3 years (Scope of recommendation) [Scope of punishment] imprisonment for a period of not less than one year to 2 years (basic area), drugs, medication, simple possession, etc., and Type 3.

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