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(영문) 청주지방법원 2012.10.31 2011고단2549
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

600,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

1. On April 15, 2010, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Narcotics Control Act at the Seoul East Eastern District Court, and completed the execution of the sentence at the Seoul East Eastern District Court on January 16, 201.

2. Criminal facts;

A. On April 1, 201, the Defendant administered approximately 0.03 g of psychotropic drugs at the Defendant’s house, Seongdong-gu Seoul, Seongdong-gu and 201, Seongdong-gu, Seoul, and 201, on a coffee.

B. Around 13:00 on May 1, 201, the Defendant purchased and traded approximately 0.03 g of oponon from D in front of the “C Hospital in Guro-gu Seoul”. (c) around 15:00 on the same day, the Defendant administered approximately 0.03 g of oponon from the Defendant’s home to the coffee. D, around 15:00 on June 15, 201, the Defendant purchased approximately 0.03 g of oponononon from D before the said “C Hospital” at KRW 200,000,000. The Defendant purchased and traded approximately 0.03 g of oponononon from D before the said “C Hospital” at around 15:0 on July 201, the Defendant administered approximately 17:00 oponononononon, from the “Emopon restaurant, Ma-gun, Emopon” to the 0.3 gopon.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Investigation report (re-verification of the facts, date, time, and location of the offense) - Currency statement, investigation report (in the F. of reference witness, inquiry of the F. of the case

1. Written appraisal (No. 8 No. 5 of the evidence list);

1. His/her previous convictions: Investigation report (the attachment of the previous convictions and the date of the latest release from the court), each judgment, the application of Acts and subordinate statutes concerning the current status of personal identification;

1. Article 60(1)3 and Articles 4(1) and 2 subparag. 4(b) of the Act on the Management of Narcotics, Etc., for which the relevant provision of criminal facts and the former Act on the Management of Narcotics, Etc., for which punishment is selected (Amended by Act No. 10786, Jun. 7, 201); the choice of imprisonment

1. Article 35 of the Criminal Act among repeated crimes;

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. The punishment of the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is the same as the defendant.

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