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(영문) 의정부지방법원 고양지원 2018.09.28 2018고단1968
마약류관리에관한법률위반(향정)
Text

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

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

As above, the defendant.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to two years of imprisonment for a violation of the Narcotics Control Act at the Seoul High Court on December 18, 2014, and on February 5, 2016, the Defendant was sentenced to five times of such criminal records as the termination of the execution of the sentence in the racing prison on February 5, 2016.

[Criminal facts] The Defendant is not a person handling narcotics, and is not a person handling narcotics, and is not a person handling narcotics, so the Defendant shall not administer mecophophones (copphones, hereinafter “copphones”).

On August 4, 2018, the Defendant: (a) sought to be forgotten in the public toilets located in Seoyang-gu E Park in Seoyang-gu, Seoyang-gu; and (b) organized the goods at the Defendant’s mother-friendly house, the Defendant injected approximately 0.05g of philophonephones contained in the found vinyl clocks by inserting them into the water of cambage beverages, and administered camphones by drinking them as they are.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (written replys to the assessment of climatic and maternity narcotics) and a report on the assessment of narcotics;

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

1. Previous convictions in judgment: References to inquiries, such as criminal history, report on investigation (Attachment of automatic criminal records), text of judgment, and application of Acts and subordinate statutes on the acceptance of individuals;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [Scope of Recommendation] / Simple possession, etc. of medication and simple possession, etc. shall be determined as per the order, taking into account the following factors: (a) the basic area (one hundred to two years) [special mitigation (special mitigation)] / the self-denunciation of persons in the same kind and previous conviction (within three years) / [decision of the sentence] / the fact that the person is a repeated crime during the period of a repeated crime; (b) the person voluntarily surrenders himself/herself; (c) the confession of the defendant; (d) the fact that the defendant suffers from early illness; and (e) the fact that the defendant suffers from early illness; and (e) the sentencing conditions prescribed under Article 51 of the Criminal Act

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