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(영문) 수원지방법원 2014.12.18 2014고단6178
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

70,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On October 24, 2012, the Defendant was sentenced to one year of imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at Seoul Southern District Court on May 13, 2013 and completed the enforcement of the sentence.

【Criminal Facts】

1. On December 20, 2013, the Defendant: (a) around 17:44, at the water station located in Suwon-si, Suwon-si, Suwon 1-ro 18; (b) sold a psychotropic drug, with the volume of 0.7g glops, a psychotropic drug, to G known through I (i.e., a single philopon; hereinafter “philopon”); (c) 600,000 won in cash, and sold philops.

2. At around December 26, 2013, the Defendant provided 1 with 19:30 squarephones without compensation from the street in front of the “2001 Aullet located in the Busan Bupyeong-gu, Incheon Metropolitan City,” the amount of 0.05g gramphones to I.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to the prosecution of I;

1. Previous convictions in judgment: Application of an inquiry letter (Evidence No. 6) and the Acts and subordinate statutes of the relevant Acts and subordinate statutes;

1. Relevant Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics and the Selection of Punishment, etc., and the Selection of Imprisonment, respectively, with labor and imprisonment with labor;

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

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

1. Additional collection: Class 1 of Article 67 of the Act on the Control of Narcotics, Etc. and the Act on the Control of Narcotics, Etc., for the purpose of sentencing [the scope of recommendations] Class 2 of the Act on the Control of Narcotics, etc. (the scope of punishment) and Class 2 of the Act on the Aggravated Punishment, etc. (the period of one year and six months to four years), the area of aggravation (the period of suspended execution not exceeding three years) of the same criminal records (the period of recommendation), the area of aggravated punishment (one year and six months to four years), the area of aggravated punishment (the period of one year and six years to six years), the area of identical criminal records (the period of suspended execution within three years) and multiple aggravated crimes (the period of suspended sentence) of the Act on the Aggravated Punishment, etc.: One year and six months to six years (the decision of a sentence] but the defendant commits a repeated crime during the period of one year and six years (the decision of a sentence], the fact that the defendant reflects his mistake, cooperation with the fact that the defendant cooperates on the

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