beta
(영문) 인천지방법원 2016.07.07 2016고단2770

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

20,000 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

On April 11, 2013, the Defendant was sentenced to one year to imprisonment with prison labor for a violation of the Narcotics Control Act in the Incheon District Court’s Busan District Court’s Branch on September 24, 2014, and was sentenced to one year on September 24, 2014 to the end of the enforcement of the sentence, and was not a narcotics handler, and was not a person responsible for handling narcotics, and was not a person responsible for handling narcotics, the Defendant administered a penphone as follows.

1. On April 1, 2016, at around 16:00, the Defendant administered phiphones by melting approximately 0.1g of philophones contained in a single-use injection machine into water, and in injection into the Defendant’s arms elbs.

2. Around 09:00 on May 9, 2016, the Defendant 103-dong C Apartment 103-703 and 0.1g of philophones contained in a single-use injection device as water, and administered philophones by means of injecting them into the Defendant’s arms elbow.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Reporting on the results of preliminary tests for narcotics;

1. An appraisal report on the defense of the case and a drilling report;

1. A report on investigation (calculated additional collection charges);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a judgment), investigation report (verification of the date of release from office), and Acts and subordinate statutes;

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. Crimes falling within the scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] crimes falling within the category 1 [the scope of the recommended sentence] and simple possession, etc. < Amended by Presidential Decree No. 3 (1-3 years from the year to the year) in the area of aggravation (1-3 years from the year), and crimes falling within the category 2 [the scope of the recommended sentence] in the previous conviction (not less than a three-year suspended sentence] and simple possession, etc.