beta
(영문) 인천지방법원 2018.11.02 2018고단1048

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment for one year.

103,000 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 history] On January 28, 2016, the Defendant was sentenced to ten months of imprisonment with labor for a violation of the Narcotics Control Act at the Incheon District Court on September 18, 2016 and completed the execution of the sentence.

[Criminal facts] Notwithstanding that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

1. On June 3, 2017, around 19:00, the Defendant, at his own house located in Nam-gu Incheon Metropolitan City, put in a tobacco smoking machine (the amount corresponding to the one-time smoking part) with a smoke added to a cigarette smoking machine, and smoked marijuana in a way that smokes.

2. On June 6, 2017, at around 15:00, the Defendant administered a chrophone in a way that wrophones (one philopon; hereinafter “philopon”) (one philopon”; hereinafter “philopon”) 0.07 g, a local mental medicine, at the above place.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written appraisal of each drug;

1. A investigative report (related to the price for cancer transactions and collection of narcotics);

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (the confirmation of crimes during the period of repeated crimes);

1. Relevant Article of the Act on the Management of Narcotics, etc., and Articles 61 (1) 4 (a) and 3 subparagraph 10 (a) (the point of smoking marijuana) of the Act on the Management of Narcotics, etc., and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) (the point of smoking marijuana) of the Act on the Management of Narcotics, etc., and choice of imprisonment for each crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

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

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

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

(a) Second offense (the scope of a recommendation), medication, simple possession, etc. of marijuana (the scope of a punishment for marijuana), the aggravated area (10-2 years from October to two years) (the specially aggravated person), and the previous offense (the suspension of the execution of a sentence for not more than three years) of the same species;

B. The basic area (0 to 2 years) of the first crime (the scope of recommendations), the clopon medication (the scope of punishment), the copon medication, the simple possession, etc. of the three types (f).