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(영문) 수원지방법원 2017.06.08 2016고정2969
마약류관리에관한법률위반(향정)
Text

The defendant shall be exempted from punishment.

500,000 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

On December 24, 2015, the Defendant was sentenced to a suspended sentence of two years, observation of protection, community service order of 40 hours, additional collection of KRW 640,000 for one year, for a violation of the Narcotics Control Act at the Jeonju District Court on December 24, 2015, and became final and conclusive on January 1, 2016.

Despite the fact that the Defendant is not a narcotics handler, on March 19, 2015, the Defendant purchased approximately 0.7 grams of opphonephones located in the middle of the mutual influenite apartment located in the Gangseo-gu Seoul Metropolitan City, Gangnam-gu, with approximately 500,000 won of opphones and approximately 0.7g of opphones located in the day-to-day injection machine.

Summary of Evidence

1. Statement by the defendant in court;

1. A written confirmation of urine testing, a response test by a natural person, a response to a request for appraisal, and a response to a request for appraisal;

1. Previous convictions in judgment: References to inquiries, such as criminal history, reports on the results of confirmation of the previous convictions in disposition, and application of Acts and subordinate statutes to investigation reports (Attachment to

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The latter part of Article 39(1) of the Exempted Criminal Act (in light of the substance and circumstances of the crime of this case, even if a judgment was rendered with the crime in which judgment became final and conclusive, it appears that a more severe punishment has not been imposed, and thus, the crime of this case and the above crime for which judgment became final and conclusive shall be exempted from punishment in consideration of equity and equity);

1. The proviso to Article 67 of the Act on the Management of Narcotics, etc. to be collected additionally;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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