beta
(영문) 의정부지방법원 2019.11.21 2019고단2681

마약류관리에관한법률위반(향정)

Text

Defendant shall be punished by imprisonment for a term of one year and two months.

450,000 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 power] On July 7, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (competence) and completed the execution of the sentence in the Daejeon Prison on September 15, 2016.

【Criminal Facts】

The Defendant is not a person handling narcotics, and thus shall not handle the psychotropic drugs, which are narcotics, Mephones (hereinafter referred to as “diphones”).

1. On November 201, 2017, the Defendant purchased a penphone with cash of KRW 2.50,000 in front of the exit exit No. 1 in Gangdong-gu Seoul Metropolitan Government, and received a penphone with cash of KRW 0.75g from D, and received a penphone with 0.04g of a penphone without compensation.

2. On March 17, 2018, the Defendant received and accepted 0.04 g of oponon from D, in front of the F elementary school sentiments located in Yongsan-gu, Mangsan-si E, Mangsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Second suspect examination protocol of the accused (including the G statement part) by the prosecution;

1. Statement by the prosecution concerning D;

1. Copy of the protocol of suspect examination of H by the police;

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

1. Previous records of judgment: The application of criminal records, copies of judgment, and current status of personal confinement records to statutes;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc., concerning the relevant criminal facts and the Selection of Punishment;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (limited to concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc. by Purchasing the heavy penphones)

1. The proviso to Article 67 of the Narcotics Control Act;

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

1. Scope of applicable sentences under law: From Above 30 years of imprisonment;

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

(a) Types 2 marijuana, such as violation of the Act on the Control of Narcotics, etc. (determination of types), trade assistance, etc.