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(영문) 서울서부지방법원 2015.12.22 2015고단2441
마약류관리에관한법률위반(향정)
Text

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

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

The above additional collection shall be reasonable.

Reasons

Punishment of the crime

[criminal power] On September 28, 201, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act (fence), and completed the execution of the sentence in the racing prison on February 13, 2013.

【Criminal Facts】

1. The Defendant is not a person dealing with narcotics, and thus is not a person dealing with narcotics, and is not a person dealing with the psychotropic drugs, so the Defendant shall not sell or administer merpophophones (copphones; hereinafter referred to as copphones

Nevertheless, at around 22:00 on September 10, 2015, the Defendant purchased and sold 100,000 won in cash to C at a jute parking lot located in Seongbuk-gu Seoul Metropolitan City, Sung-nam, with approximately 0.6g of philophones contained in a single-use injection machine from C.

2. On September 21, 2015, the Defendant, on September 21, 2015, put “E” 202 Mobcheon-si D in two in a one-time injection unit, 0.03-05 gramopon 0.05 gramopon copon copon copon copon copon crison crison crison crison crison crison crison crison crison crison crison crison crison crison, and provided F with a written copon copon copon.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Protocol concerning suspect interrogation of C;

1. Police seizure records;

1. Results of a simplified test of reagents and a written appraisal and a written appraisal;

1. A report on investigation (calculated additional charges);

1. Previous convictions in judgment: Criminal records, reference records, investigation reports (Attachment of judgment) and application of respective statutes;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Acts on 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. The proviso to Article 67 of the Narcotics Control Act;

1. The defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, has a record of being punished for the same kind of crime, and is under the period of repeated crime.

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