beta
(영문) 인천지방법원 2018.01.19 2017고단9043

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 4 shall be confiscated.

10,000 won from the defendant.

Reasons

Punishment of the crime

[criminal history] On June 11, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Incheon District Court on the part of June 11, 2015, and completed the execution of the said sentence at the Jeonju Prison on November 27, 2016.

[2] Notwithstanding the fact that the Defendant was not a handler of narcotics, the Defendant administered and proceeded with the Metepopic clopic copic copic copic copic copic copic copic copic copics as follows.

1. The Defendant, from November 14, 2017 to December 24, 2017, inserted the volume of philophones (sum medication presumed to be one-time medication) from the irregular area of Bupyeong-gu Incheon Metropolitan City to the single-time fraud, and administered it by means of dilution with water to its own arms.

2. On November 24, 2017, around 08:40 on November 24, 2017, the Defendant putting approximately 0.02g philopon in vinyl Lin, which was parked in the direction of Bupyeong-gu Incheon Metropolitan City, in the lower part of Dtibl vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure and photographs of seized articles;

1. A written appraisal of each drug;

1. The investigation report (the 11st time);

1. A report on investigation (the results of an investigation and calculation of a surcharge);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of suspect's confinement records), investigation report (netly 14, attachment of each judgment), and statutes;

1. Relevant Article of the Act on the Management of Narcotics, etc. for the Fact-finding and the Selection of Punishment; Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, etc. for the Selection of Punishment; and the Selection of Imprisonment;

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. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso to Article 67 of the Narcotics Control Act;

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

1. Application of the sentencing criteria;

(a) Class 3 of the aggravated area (one year to 3 years) (one year to 3 years) of the first crime (the scope of a recommendation), (the scope of a recommendation), medication, simple possession, etc. (the scope of a recommendation), etc.) (one year to 3 years) of the aggravated area (one year to 3 years of the special aggravated area).