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(영문) 의정부지방법원 2018.02.06 2017고단5551
마약류관리에관한법률위반(향정)
Text

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

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

Reasons

Punishment of the crime

On July 18, 2016, the Defendant was sentenced to imprisonment for eight months for a violation of the Narcotics Control Act (compacting) at the District Court of the Republic of Korea on July 18, 2016, and completed the execution of the said sentence on March 14, 2017.

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 May 2017, the Defendant received and administered philophones in the middle of May 2017, the Defendant received and administered philophones free of charge from the head of the S Team set by the Defendant’s operation in Namyang-si, Namyang-si, and received philophones from D with delivery of philophones (two philograms) and then administered philophones once by means of driving philophones in the water on the same day.

2. On November 25, 2017, the Defendant administered a phiphoneon one time on November 25, 2017, using a phiphone, which is given and received as described in paragraph (1), from the Director of the Scam Team 3 of the Defendant’s operation, in a way of drinking the phiphone on the water.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning examination of suspect concerning D by the prosecution;

1. Statement protocol by the police for E;

1. Investigation report (Attachment of D and monetary details);

1. Written reply to an appraisal;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (prior convictions, etc. for repeated crimes), text of judgment, and the current status of acceptances by 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. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (200,000 won = 100,000 won (per page) x twice);

1. One month to 30 years of imprisonment with prison labor within the applicable sentencing range by law; and

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Category 3 (Notice. (b) and (c) of the Act on the Control of Narcotics, Etc. (Special Sentencing) (Aggravated Punishment) (Aggravated Punishment) shall be aggravated.

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