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(영문) 수원지방법원 성남지원 2018.04.25 2018고단559
마약류관리에관한법률위반(향정)
Text

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

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

Reasons

Punishment of the crime

[criminal history] On October 18, 2013, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on the grounds of a violation of the Act on the Control of Narcotics, etc., and completed the execution of the sentence on February 19, 2015.

[Criminal facts]

1. On January 23, 2018, the Defendant received approximately 0.03 g of clopon from E in front of the hotel on “D” hotel located in Jung-gu Busan, Jung-gu, Busan (hereinafter “D”) and received a delivery of approximately 0.03 g of copon from E, a local mental medicine.

2. Around January 23, 2018, the Defendant: (a) extracted d'D'’s satis around the said “D’s hotel; (b) extracted d's d's satis in the coffee machine; and (c) administered d's satis in the d's d's satis in the satis; and (d) administered d's satis in the satis.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Investigation report (as to the result of the accused's self-defense and Maternal Evaluation)

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning investigation reports (Attachment of suspect rulings and personal confinements);

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. under the relevant Act on criminal facts, and selection of imprisonment for a definite term;

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

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. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. Three types (one year to three years) of the aggravated area (one year) (one year to three years), such as the medication of phiphones, the simple possession, etc. (the scope of the recommended punishment), and the previous convictions of the same species (the suspension of execution within three years);

2. The range of final sentence due to the aggravation of multiple crimes (not more than a three-year suspended sentence) of the aggravated area (one-year period) of the three types (one-three years), including medication, simple possession, etc. of philopon (the scope of the recommended punishment), [the person subject to special aggravated punishment] of the same type of crime, and the amount of final sentence due to the aggravation of multiple crimes: one year to four years (not more than a three-year suspended sentence period): the defendant has the same criminal history three times, and the same criminal history is again committed during the period of repeated crime.

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