beta
(영문) 인천지방법원 2014.10.15 2014고단6138

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than eight months.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

On July 25, 2014, at around 07:00, the Defendant received approximately 0.08 grams of psychotropic drugs from E at the residence of Nam-gu Incheon Metropolitan City C building 201, and administered them in a way that the Defendant injected them into his arms using a disposable injection device at the small location at the same time and at the small location.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Records of seizure and the list of seizure;

1. An explanatory note;

1. Application of Acts and subordinate statutes concerning an investigation report (related to a claim for collection collection and collection preservation);

1. Article 60 (1) 2, Article 4 (1), and Article 2 subparagraph 3 (b) (the point of delivery and receipt of visual phones) of the Act on the Management of Narcotics, Etc. and the Selection of Imprisonment with prison labor for the crime;

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

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

1. Application of the sentencing criteria;

(a) Basic crime: Acceptance of philophones (determination of types) and sale, arrangement, etc. of narcotics, marijuana, and flavoring;

Items c) and c.

Title, etc. [Scope of Recommendation] From August to June (where there are grounds for mitigation, especially for motive for crime)

(b) Concurrent crimes: Medication of philophones (decision of type), narcotic drugs, simple possession, etc.;

Items c) and c.

[Scope of Recommendation] From June to 10 months (where there are grounds for special consideration in mitigation areas, motive for committing a crime)

(c) Scope of advisory punishments revised according to the standards for handling multiple crimes: From 8 months to 11 months of imprisonment [the lower limit of the basic crime shall be 8 months, and the upper limit shall be 1/2 of the upper limit of the scope of sentence of concurrent crimes in January and June, which is the upper limit of the scope of sentence of the basic crime]; and

2. The sentence of imprisonment with prison labor for one year for the administration of phiphonephones in 2009 was pronounced, and the criminal defendant has been punished four times for the same crime, and the criminal defendant has committed the crime.