beta
(영문) 서울서부지방법원 2017.04.20 2016고단3790

마약류관리에관한법률위반(향정)

Text

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

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

Reasons

Punishment of the crime

[criminal history] On April 22, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Narcotics Control Act (compact) in the support of the Suwon Flag Flag Flag, and completed the execution of the sentence on July 17, 2015.

[Criminal facts] The Defendant is not a person handling narcotics, and thus is not a person handling narcotics, so the Defendant shall not administer mecophophones (hereinafter “copphones”).

From September 17, 2016 to September 26, 2016, the Defendant administered philophones in an irregular way at the end of the time in Seoul, Incheon, or in the south-gu of the Yancheon-si.

Summary of Evidence

1. Each legal statement of the witness C, D, E, and F;

1. The country of the respondent and the initial preliminary test results of A, response to the defense of the suspect A and the results of the initial detailed test requests made by the State to the accused, response to and narcotics, response to the suspect's hair and response to the results of the original request for appraisal made by the State to the suspect A, response to and assessment of narcotics;

1. A reply to inquiries into data for communication confirmation on February 22, 2017;

1. Report on investigation (report on the calculation of an additional collection charge);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment of criminal suspects' judgments of the same kind);

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

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

1. Determination on the assertion by the defendant and his/her defense counsel under the proviso of Article 67 of the Act on the Management of Narcotics, Etc.

1. Summary of the defendant and his defense counsel

A. The facts charged in the instant case are unlawful since the time, place, and method of medication are not entirely specified.

B. After the execution of sentence for a crime of the same kind has been terminated, the Defendant has not administered phiphones.

Police officers were seized in the form of a defendant's voluntary submission by "the delivery of a warrant because the warrant was issued to the defendant," but such police officers' act affects the defendant's voluntary will.