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(영문) 수원지방법원 2018.06.01 2017고단7638 (1)
마약류관리에관한법률위반(향정)
Text

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

714,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional charges.

Reasons

Punishment of the crime

[Criminal Records, etc.] The Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Narcotics Control Act in the Credit Support of Suwon Franchising Board on August 17, 2015, and completed the execution of the sentence on September 9, 2016 at the Incheon Coast Guard. On June 29, 2017, the Defendant was sentenced to two years of imprisonment with prison labor from the Suwon District Court for the same crime, and the said judgment was finalized on November 30, 2017, and is not a narcotics handler.

[Criminal facts]

1. On February 2, 2017, the Defendant received approximately 0.7 g of the Meptop am, which is a local mental medicine (one philopon; hereinafter referred to as “philopon”) from the next cafeteria of Pyeongtaek-si, Pyeongtaek-si, one of which is located in the middle of Pyeongtaek-si 51.

2. The Defendant received approximately 0.7 g of philophones on the part of the Defendant’s Li-Ba parking lot located in Pyeongtaek-si D, without compensation, from C at the Defendant’s Li-Ba parking lot around the first half of April 2017.

Summary of Evidence

1. The legal statement of the witness C;

1. A protocol concerning the examination of the suspect of the defendant or C by the prosecution;

1. Second-time suspect examination protocol concerning E;

1. Statement made by the prosecution against C;

1. A protocol concerning the interrogation of suspects of E;

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

1. C Summary of the case and the text of the judgment (along support 2017 order 2681);

1. Before judgment: Application of the provisions of Acts and subordinate statutes of Part II to the status of personal confinement, inquiry of criminal history, investigation report (applicable to repeated crimes), entry of the accused in the second public trial records, text of the judgment, and the records in the second public trial records;

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 imprisonment for a definite term, and the selection of imprisonment for a definite term;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. Determination on the Defendant and defense counsel’s assertion under the proviso to Article 67 of the Act on the Management of Narcotics, Etc.

1. Summary of the assertion

A. The facts of the crime committed on February 2017.

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