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(영문) 의정부지방법원 2018.12.14 2018고단4227
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence 3 shall be confiscated.

20,000 won from the defendant.

Reasons

Punishment of the crime

On November 20, 2017, the Defendant was sentenced to six months of imprisonment for a crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (al.e., purchase of sex) at the Jung-gu District Court on November 20, 2017 and completed the enforcement of the said sentence at the Seoul detention center on January 27, 2018.

The Defendant, who is not a person handling narcotics, is not a person handling narcotics, is prohibited from dealing with clocks (one philopopon; hereinafter referred to as “philopon”).

1. On June 3, 2018, the Defendant, at around 20:0 on June 3, 2018, administered phiphones once in one-time medication by inserting the volume of phiphones acquired from an insular phone, which he/she acquired through a string app “C”, in the Defendant’s residence located in Cheongbu City B, at around 20:0 on June 3, 2018.

2. On July 29, 2018, the Defendant administered philophones in the said Defendant’s residence around July 29, 2018, and administered philophones once in the said manner.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. A written appraisal of each drug;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, (A), text of judgment, and Acts and subordinate statutes on personal expropriation;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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 main sentence of Article 67 of the Act on the Management of Confiscated Narcotics, Etc., and Article 48 (1) 1 of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of applicable sentences under law: Imprisonment for one month to thirty years; and

2. Application of the sentencing criteria;

(a) 3 types (referring to the scope of a recommendation ] 10 months to 2 years (referring to the basic area), such as the medication (basic crimes, concurrent crimes) (decision of types), drug crimes, medication and simple possession, etc.;

B. Handling multiple crimes: Imprisonment with prison labor for 10 months to 3 years, the scope of sentence.

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