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(영문) 서울북부지방법원 2016.11.11 2016고단4285
마약류관리에관한법률위반(마약)
Text

1. Defendant A shall be punished by imprisonment for four months.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants are those who jointly operate the “E” located in Dongdaemun-gu Seoul, Seoul.

A person handling narcotics shall not use narcotics, etc. whose period of use has elapsed.

1. Between December 16, 2015 and June 20, 2016, Defendant A used narcotics, etc., the use period of which was determined by the above member, and the use period of which was November 28, 2015, and the “non-chlodic acididine injection amount” of the composition of the narcotics Ptidine to four patients.

2. As between December 20, 2015 and May 30, 2016, Defendant B used narcotics, etc., the use period of which was determined on November 28, 2015, which was 15, for which 15 patients were included in the “non-chronisidine injection” in the composition of the PPidine.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 64 subparagraph 15 of the Act on the Control of Narcotics, etc. for Crimes, Articles 38 (2) of the same Act;

1. Defendant A: Imprisonment with prison labor (limited to the same kind of punishment) and Defendant B: Fines (limited to the same type of punishment);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Suspension of execution and community service Defendant A: Articles 62 and 62-2 of the Criminal Act;

1. Defendant B who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Additional collection Defendants: the proviso of Article 67 of the Narcotics Control Act;

1. Defendants of the provisional payment order: Defendant A of the old sentence for sentencing of Article 334(1) of the Criminal Procedure Act (in a case where the sentencing criteria are not set), Defendant B of a fine not exceeding three million won, Defendant B of a fine not exceeding 6,399 won: Defendant B of a fine not exceeding five million won, and Defendant of a penalty not exceeding 24

1. A: Imprisonment with prison labor for not more than four months/ suspended sentence, one year of community service, 40 hours additional collection, 6,300 won (aband less than 100 won): Defendant, such as confession, side effects, etc.;

2. B: A person who is under fine of five million won and additionally collected 24,000 won (less than 100 won): Confession, absence of the same kind of punishment power, absence of side effects, etc.;

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