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(영문) 전주지방법원 2017.11.30 2017고단1055

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

10,000 won shall be additionally collected from the defendant.

Of the facts charged in the instant case.

Reasons

Punishment of the crime

[criminal history] On June 27, 2014, the Defendant was sentenced to four months of imprisonment for a violation of the Customs Act in the support for the development of the Suwon method, and completed the execution of the sentence in the original prison on October 27 of the same year.

[Criminal facts] The Defendant is not a narcotics handler

On May 25, 2017, at around 02:00, the Defendant, at the entrance control room of the underground parking lot of the above C building, put a large amount of bit tampers into a single-use tamper, dilution with water, and administered the tamper in a way of refining with both arms.

Summary of Evidence

1. Statement by the defendant in court;

1. A narcotics appraisal statement (the No. 17 of the evidence list);

1. A response to a request for appraisal, and a written appraisal (a list No. 23);

1. A report on investigation (attaching photographs of the suspect himself/herself);

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and the application of Acts and subordinate statutes concerning the first interrogation protocol to the accused;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] [the scope of the recommended punishment [the scope of punishment and sentence] 10 months to 2 years ] 10 months / 10 years / 2 years / the number of persons who are not subject to any special sentencing];

2. In light of the fact that narcotics crimes determined to be sentenced cause serious hazard to national health and social safety due to their cryptability and toxicity, and the statement on the process of obtaining administered crypters, it appears that the defendant would not faithfully cooperate with the investigation, and the fact that the defendant committed the instant crime without being aware of it during the period of repeated crime is disadvantageous.

However, considering the favorable circumstances of the defendant's administration of small quantities, such as the fact that the defendant has committed the crime and the fact that he/she reflects the crime, it is ordered to take into account all the sentencing conditions, such as the defendant's age, sex, environment.