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(영문) 인천지방법원 2016.11.01 2016고단5650

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

30,000 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

On May 14, 2014, the Defendant was sentenced to one year of imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court on March 17, 2015, and completed the enforcement of the sentence at the Incheon Detention Center on March 17, 2015, and was not a person handling narcotics, so the Defendant is not a person handling narcotics, and the Defendant is not a person handling narcotics, but a clophophone (hereinafter referred to as the “cophophone”). However, the Defendant administered c

1. On May 14, 2015, at around 14:00, the Defendant administered phiphonephones by drinking approximately 0.03 grams on a coffee in the residence of the Defendant of the Nam-gu Incheon P building B01, Nam-gu, Incheon.

2. At around 17:00 on July 2015, the Defendant administered philophones by means of drinking approximately 0.03 grams in the residence of the above Defendant and drinking around 0.03 grams.

3. On October 14, 2015, the Defendant administered philophones by means of drinking approximately 0.03 grams at the residence of the above Defendant at around 14:00.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police to Q Q;

1. Each protocol of seizure, list of seizure, and each statement of narcotics appraisal;

1. Investigative report (calculated additionally), price of narcotics traded;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (A's previous records and attachment of judgment), investigation reports (verification of repeated period of A's offense), and application of Acts and subordinate statutes to the status of individual confinement;

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, respectively;

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

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 is subject to the aggravation of multiple crimes of category 1 [the scope of recommending punishment], medication, simple possession, etc. (one to three years), the area of aggravation (one to three years), the area of aggravation (one to three years), the area of aggravation (one to three years) according to the sentencing guidelines, and the addition of multiple crimes.