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The defendant shall be exempted from punishment.
30,000 won shall be additionally collected from the defendant.
Reasons
Punishment of the crime
[Criminal Records] Defendant A was sentenced to three years of imprisonment for a violation of the Narcotics Control Act at the Seoul Southern District Court on September 2, 2016, and the judgment became final and conclusive on November 25, 2016.
[Criminal facts] The defendant is a foreigner of Chinese nationality and is not a handler of narcotics.
On May 17, 2016, at around 23:30 on May 17, 2016, the Defendant, in collusion with C, laid off Meteteteurine 0.3gh, a local mental medicine medicine, on the gambling ground at the Etecom room in Geumcheon-gu Seoul Metropolitan Government, and opened the steam on the gambling ground, and administered it in such a way that the steam produced through the inhaled equipment made by raw water disease can be cut back with C and inhaled as soon as possible.
Summary of Evidence
1. Statement by the defendant in court;
1. Protocols concerning the interrogation of suspects by each prosecutor with regard to C;
1. A report on investigation (related to an additional collection charge);
1. Previous convictions: Criminal history inquiry, investigation report (Attachment to the suspect A's judgment and the details of inquiry into the case), three copies of the judgment, and application of the relevant Acts and subordinate statutes;
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 facts constituting an offense (the choice of imprisonment with prison labor);
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. The crime of violation of the Act on the Control of Narcotics, Etc., as indicated in the judgment, is that the Defendant, on June 11, 2016, sealed the Defendant with 44.13g gramopon, and administered each phiopon around June 8, 2016 and June 11, 2016.
The crime of this case is a crime at a time similar to the above crime, and the contents of the crime are only one-time medication. Thus, even if the crime of this case was adjudicated simultaneously with the above crime, it cannot be deemed that the punishment was more severe.
Therefore, punishment shall be exempted in consideration of equity in cases where judgment is rendered simultaneously with the above crime for which judgment has become final and conclusive.
1. The proviso to Article 67 of the Narcotics Control Act;