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(영문) 인천지방법원 2017.05.18 2017고단2431

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

760,000 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

[criminal history] On September 26, 2013, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Promotion of Game Industry at the Incheon District Court, and completed the execution of the said sentence at the Incheon Detention Center on May 29, 2014.

[2] The Defendant, who is not a person handling narcotics, did not deal with the Metephopic clopic copic copic copic copic copic copic copic copic copic copic copic copics as follows.

On September 21, 2016, the Defendant purchased approximately 0.1g of opon from E to 60,000 won from public toilets near ‘D' restaurant located in Nam-gu Incheon Metropolitan City, and purchased opon 20 times in total from around the above day to around March 19, 2017 (4 times) and 16 times in total, as shown in the attached list of crimes, at the same place around 23:55 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Each investigation report and each report on narcotics appraisal;

1. Previous convictions: Inquiries by residents, inquiry about criminal history, and application of Acts and subordinate statutes of investigation reports (the date of release from the relevant court and the copy of the relevant judgment);

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

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 proviso to Article 67 of the Narcotics Control Act;

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

1. The scope of the recommended sentence according to the sentencing guidelines: The scope of the final sentence due to the purchase for medication, simple possession, etc. or the aggravation of multiple offenses committed in the mitigated area ( August through January 6) of Class 2 (the scope of the recommended punishment), including the sale and purchase of, and the mediation for, the sale and purchase of, the relevant offenses (the scope of the recommended punishment).

2. The defendant who was sentenced to criminal punishment shall be subject to criminal punishment not less than seven times.