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(영문) 의정부지방법원 고양지원 2019.06.27 2019고단671

마약류관리에관한법률위반(향정)

Text

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

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

An amount equivalent to a surcharge.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics, and the defendant shall not receive or administer a psychotropic drug campopon ("copon"incopon"; hereinafter referred to as "copon").

1. On January 1, 2019, at around 17:00, the Defendant received philophones from C with approximately 0.2 grams of philophones contained in C at the street in the vicinity of the residence of Gyeyang-gu Incheon Metropolitan City.

2. On January 1, 2019, at around 19:00, the Defendant administered 0.2 gramphonephones in the Defendant’s residence in Gyeyang-gu Incheon Gyeyang-gu (Da apartment E) by hanging beer in cans and beer.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the police statement concerning C;

1. Photographs, records of seizure and list of seizure, reports on requests for appraisal, and statements on narcotics appraisal;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) (Article 2 subparagraph 3 (b) (Article 60 (1) 2, Article 4 (1) 1, and Article 2 of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. 10,000 won for a single medication on a penphone under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. for Additional Collection;

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

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Violation of the Act on the Control of Narcotics, etc. (Determination of Types 1); 01. Medication, simple possession, etc. (Type 3) of narcotics;

Items c) and c.

[Scope of Recommendation] Basic Area: Imprisonment with labor for not less than 10 months to 2 years;

(b) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment for ten to three years;

3. Determination of sentence: The defendant in October has served on July 16, 2014, which was sentenced to a suspended sentence of two years for a year of imprisonment with prison labor due to a violation of the Act on the Control of Narcotics, Etc.;