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(영문) 서울중앙지방법원 2015.06.25 2015고단2734
마약류관리에관한법률위반(향정)
Text

A person shall be punished by imprisonment with prison labor for two months with prison labor for the crime No. 1 of the judgment of the defendant, and by imprisonment for eight months with prison labor for each crime.

(b).

Reasons

Punishment of the crime

On December 11, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. at the Seoul Central District Court on October 10, 201, and the sentence became final and conclusive on December 19, 2014.

1. Around August 2014, the Defendant purchased 50,000 won in cash with C in the vehicle located in the vicinity of the Gangnam-gu Seoul Seo-dong Seoul Seo-dong market, and purchased Metropha, a psychotropic drug, a psychotropic drug, with C in cash.

2. On April 17, 2015, at around 20:00, the Defendant administered tobacco on the rooftop of the F Hotel located in Gangnam-gu Seoul Metropolitan Government building in Gangnam-gu, in a manner that inhales smoke generated by inserting approximately 0.06g of philopon on a tobacco, and attaching a fire.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (including the C’s statement);

1. Results of simplified reagents, results of the preliminary test for narcotics, reports on the results of the preliminary test for narcotics, written expert opinions of the National Institute of Scientific and Investigative Research, and written reports on requests

1. Previous records: Application of inquiries, such as criminal records, and criminal records, and Acts and subordinate statutes;

1. Article 60 (1) 2, Articles 4 (1) 1, and 2 subparagraph 3 (b) ( point of purchase and administration of phiphonephones) of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with prison labor for the crime;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act dealing with concurrent crimes (the crime of subparagraph 1 at the time of sale and the crime of violation of the Act on the Control of Narcotics, etc. (the

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Criminal Act)

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

1. Crimes No. 1 in holding: It shall be subject to the sentencing criteria;

2. A previous criminal record of the same kind (not more than a three-year suspended sentence) in the judgment of the court (a three-year suspended sentence) of the second crime (a three-year suspended sentence), medication, simple possession, etc. of the third category (a one-year period).

3. Circumstances unfavorable to the decision of sentence: The decision shall be made without being well aware of the fact that the sentence is being suspended for the same crime;

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