beta
(영문) 서울중앙지방법원 2018.06.12 2018고단2828

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

One injection (No. 1), as soon as possible, using seized equipment (per page 1), and one penphone.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant handled the Meteptopy (one philopon; hereinafter “philopon”) which is a local mental medicine as follows.

1. On January 2018, the Defendant sold a vinyl 10,000 won, which was parked in the D parking lot located in Ansan-si C around 10:0,00 among the middle day of Jan. 2018, by taking up KRW 3.2 million from E, and by delivering one of the vinyl 10,000,000 to him.

2. On April 2018, the Defendant administered 20:0 ponon-con-con-con-con-con-con-conon-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the self-examination protocol (three times);

1. A list of seizure records, records of seizure, etc. and seizure;

1. Medication photographs;

1. Each investigation report (to attach a copy of the suspect interrogation protocol, etc. of the official E, and to make a report on the market price of phiphones);

1. Application of Acts and subordinate statutes on prosecution and forwarding;

1. Selection of a person who commits a crime under Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. under the relevant Act, and selection of a person who is sentenced to imprisonment;

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. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of the sentencing of the first-class crime [the scope of recommendations] under Article 334(1) of the Criminal Procedure Act on the grounds of the sentencing of the second-class crime without the basic area (1 to 2 years) (1 to 3 years) (the scope of recommendations] of the second-class crime [the scope of recommendations] medication, simple possession, etc. of the basic area (8 months to 1 year and 6 months) of the second-class punishment (no special sentencing person) [the scope of punishment from 8 months to 1 year and 6 months] of the second-class punishment [the final sentencing range pursuant to the aggravated punishment: one year to 1 year and 2 years [one year and 6 months] of the Defendant’s imprisonment]. The Defendant acknowledged the instant crime [the Defendant’s act of entering the facts of the crime of this case in the judgment.