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(영문) 인천지방법원 2016.12.08 2015고단8423

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for two years.

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

1. On March 1, 2015, the Defendant received approximately 0.03 grams, which is psychotropic drugs, from E located in Bupyeong-gu Incheon Metropolitan Government, on March 1, 2015.

Accordingly, even if the Defendant is not a narcotics handler, he received psychotropic drugs-related philophones.

2. From May 11, 2015 to May 21, 2015, the Defendant administered an insular phone in an insular manner at the Incheon, Seoul, and the prime city from May 21, 2015.

Accordingly, the Defendant administered psychotropic drugs, even though he is not a narcotics handler.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Each prosecutor and police interrogation protocol of the accused;

1. Written appraisal of narcotics;

1. A detailed statement of banking transactions and a detailed statement of card transactions;

1. Application of Acts and subordinate statutes to each investigation report, details of cell phone calls, and details of cell phone calls;

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 facts constituting an offense, and the choice of imprisonment with prison labor;

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

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. The scope of the recommended sentence according to the sentencing guidelines for crimes falling under Category I [the scope of the recommended sentence] and the scope of the final sentence due to the aggravation of multiple crimes (one year to three years) by the aggravated area (one year and six months to four years) of the aggravated area (one year and six years of the suspension of execution within three years) of the same criminal records (the scope of the recommended sentence), medication, simple possession, etc. of the same criminal records (the scope of the recommended sentence), the aggravated area (one year and three years of the suspension of execution within three years), the aggravated area (one year and three years of the special persons) [the scope of the recommended sentence] by the aggravated area (one year and three years of the suspension of execution for not less than three years): 1 year and six months to six months;

2. The sentence has a record of being punished more than five times for the same or similar crimes committed by the accused.