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(영문) 의정부지방법원 2017.05.19 2016고단4183
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

28,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

[Criminal history] On December 4, 2009, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Narcotics Control Act at the Jung-gu District Court on December 4, 2009, and completed the execution of the imprisonment on June 5, 2010.

[Criminal facts] The Defendant is not a narcotics handler

1. On April 201, 201, the Defendant provided “D” located in Young-si, Suwon-si, Suwon-si, and then, from the alleyway, the Defendant provided one disposable injection device free of charge, containing approximately 0.2g of a part-time clopon, which is a local mental medicine, to E (hereinafter “copon”).

2. On May 201, the Defendant provided one disposable injection machine with approximately 0.3g of philopon at H around “G” convenience stores near “F apartment at Namyang-si, Namyang-si, Namyang-si,” with a flopon, free of charge, thereby providing a flopic mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of the police to E and H;

1. Previous conviction: Inquiry about criminal history and application of Acts and subordinate statutes concerning personal confinement;

1. Article 60(1)3 and Article 4(1) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201; hereinafter the same shall apply) on criminal facts; Articles 60(1)3 and 4(1)

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. proviso to Article 67 of the former Act on the Control of Narcotics, Etc. (i.e., 228,000 won (=0.2g x 240,000 won x 0.3g x 600,000 won) ;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Three types (referring to the scope of recommendations), medication, simple possession, etc. of violation of the Act on the Control of Narcotics, etc. (referring to the scope of punishment), and the aggravated area (one year to three years) (referring to the imprisonment of one year) (referring to the items (b) and (c) and (c))) of the said category, previous convictions of the said category [special aggravated persons]

2. The scope of final sentence due to the aggravation of multiple offenses: Imprisonment for one year to four years; and

3. Determination of sentence: A sentence of imprisonment with prison labor for not less than one year, and unfavorable circumstances such as the fact that each of the crimes of this case was committed during the period of the same repeated crime; and

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