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(영문) 인천지방법원 2016.08.18 2015고단4718

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.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

[criminal history] On August 2, 2012, the Defendant was sentenced to one year to imprisonment with prison labor for a violation of the Narcotics Control Act (comforcing) at the Seoul High Court on August 2, 2012. On February 4, 2013, the Defendant completed the execution of the said sentence at the Red Prison.

[2] From Jun. 1, 2015 to Jun. 11, 2015, the Defendant administered the Mesophopic amba (one philopon; hereinafter “philopon”), which is a local mental medicine, in an irregular manner, at the city of Seoul, Jeju, Seopo-si, and Mana City of the Philippines, the Defendant administered the Melopic amba (one philopon; hereinafter “Wlopon”).

Accordingly, even if the Defendant is not a narcotics handler, he administered a philophone, which is a local mental medicine.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Copy of each protocol concerning the suspect examination of the police against the accused;

1. Each legal statement of witness D and E;

1. Protocols of seizure, list of seizure, mobile phone calls, and current status of individual entry or departure;

1. A statement on narcotics and a statement on narcotics appraisal;

1. A report on internal investigation (the result of the test by a third slicker test) and investigation report (the attachment of a thesis related to the taking of narcotics);

1. Previous convictions: Results of inquiry, results of investigation reports (verification of repeated crimes), and copies of rulings;

1. Application of Acts and subordinate statutes to a report on investigation (calculated for collection of additional collection of phiphonephones);

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. 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 recommended sentence] the scope of the sentencing guidelines [the scope of the recommended sentence] medication, simple possession, etc., and the aggravated area (one year to three years) (one year to three years) [the specially aggravated persons] the same type of criminal offense and the same criminal offense (at least three years of suspended execution within the period of three years);

2. The Defendant’s decision on the sentence has a record of criminal punishment three times due to smoking or scopon medication, etc. Furthermore, the crime of this case seems to be a repeated crime of the same kind, and reflects it.