beta
(영문) 인천지방법원 2014.02.14 2013고단4870

마약류관리에관한법률위반(향정)

Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. At around April 2012, the Defendant purchased and sold chophonephones with approximately 0.4g of psychotropic drugs, which are psychotropic drugs in the one-time injection machine, a fluor and fluoring 300,000 won, from the Defendant’s room located in the Nam-gu Incheon Metropolitan City, Seoul.

2. In June 2012, the Defendant purchased and sold philophones with approximately KRW 300,000 from the Defendant’s studio in the Nam-gu Incheon, Nam-gu, Incheon, and with approximately 0.4g of philophones located in a single-use injection machine.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol concerning D, and a written statement of D;

1. Application of investigation reports (verification of prices for cancer transactions for narcotics, etc.) statutes;

1. Article 60(1)3 and Articles 4(1) and 2 subparag. 4(b) of the Act on the Control of Narcotics, Etc., Articles 60(1)2 and 4(1) and 2 subparag. 3(2) of the Act on the Control of Narcotics, Etc., Articles 60(1)2 and 4(1) and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc., Articles 60(1)2 and 4(1) and 2 subparag. 3(b)

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

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc., the proviso to Article 67 of the Act on the Control of Narcotics, Etc., the proviso to Article 67 of the Act on the Control of Narcotics, Etc. [the basis for calculation: 60,00 won = 300,000 won (the purchase amount under paragraph (1) of the facts of crime) = 300,000 won (the purchase amount under paragraph (2) of the facts of crime)] has the record of being punished for the same crime,

However, the defendant led to the crime of this case, and did not repeat the crime for a considerable period of time, and on probation, etc. in consideration of all the sentencing conditions, including the defendant's age and environment.