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(영문) 서울북부지방법원 2017.02.08 2016고단4701
마약류관리에관한법률위반(향정)
Text

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

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

The above additional collection shall be reasonable.

Reasons

Punishment of the crime

[Criminal Records] The case: The crime of violation of the Narcotics Control Act (competence) sentenced on October 10, 2012 by the Seoul Eastern District Court: Imprisonment with prison labor and one year and six months: the crime of termination of the execution of sentence of the Changwon Prison on February 18, 2014.

1. On November 2015, the Defendant: (a) administered philophones by inserting approximately 0.03g of oponon in a coffee, which was delivered to F free of charge, in the middle of November 2015, around 19:00, the Defendant: (b) 19:00 nearby the “E” located in Gangwon-gun D; and (c) philophones by inserting approximately 0.03g of opon into a coffee.

2. Crimes committed on October 2016;

A. At around 01:00 on October 16, 2016, the Defendant administered phiphones by inserting approximately KRW 600,000 in the “H” room located in Gangnam-gu Seoul Metropolitan Government, and inserting approximately 0.03g of philophones purchased by paying KRW 60,000 to the name in the “I” room, and inserting approximately 0.03g of philophones in the coffee.

B. On October 18, 2016, the Defendant: (a) around 22:30 on the frontway of the K Bank located in the Eunpyeong-gu Seoul Metropolitan GovernmentJ; (b) on the frontway of the K Bank; (c) divided approximately 2.64g of the remaining penphones, which were administered as prescribed in the preceding paragraph, into three plastic bags; and (d) carried phiphones in a way that they are stored in a tobacco packing and stored in the main machine.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Application of the statutes to reply to each request for appraisal;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. concerning the facts constituting an offense;

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 amount additionally collected under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.: 200,000 won (i.e., two times of medication in the judgment: 100,000 won per time of medication x 100,000 won);

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is set at three : (b) the basic aggravation of the sentencing of Article 334(1) of the Criminal Procedure Act, based on the classification of types; (c) the sentencing of six months to ten years from June 10 to three years: the sentencing of special sentencing guidelines: the sentencing of aggravated factors (one year to three years from the date of previous conviction) is aggravated; (c) the sentencing of aggravated factors: the general sentencing factors (one year to three years): there are no relevant factors.

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