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(영문) 인천지방법원 2014.01.08 2013고단6511

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On November 17, 2011, the Defendant was sentenced to 10 months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court, and completed the execution of the sentence at the Seoul Detention Center on April 9, 2012.

【Criminal Facts】

The defendant is not a person handling narcotics.

1. Around 10:00 on August 26, 2013, the Defendant received approximately 0.06g of the total number of opon phones 0.06gs from N, which is a psychotropic drug, a combination of approximately 0.03g of psychotropic drugs-related Mesofts (one Handphone; hereinafter “Handphones”).

2. At the time and place of the above 1.1, the Defendant administered philophones in a way that wrapes 1 in a floppule, which is mixed with approximately 0.03 g of philophones received as above, in a way that wraps are cut off with drinking water.

3. At around 16:00 on September 23, 2013, the Defendant administered phiphonephones in the Defendant’s house located in Songpa-gu Seoul Metropolitan GovernmentO 202, which is mixed with approximately 0.03g of philophones, as seen above, in a way that flophones are cut off with drinking water.

Summary of Evidence

1. Defendant's legal statement;

1. Results of appraisal of narcotics:

1. Investigation report (a copy of the interrogation protocol of a suspect who has committed an offense);

1. Investigation report (verification of prices for cancer transactions for narcotics);

1. Previous convictions in judgment: Investigation into criminal records, investigation reports (Attachment to the same type of judgment), confirmation of the fact of release from prison, and application of statutes;

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

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. Reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. subject to Additional Collection = 200,000 won = 10,00 won (the national average price for a dose once) x twice x the circumstances in which the defendant led the instant crime and cooperates in the investigation of his/her accomplice, and in which his/her family and branch want to take the lead of the defendant, are favorable;