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(영문) 인천지방법원 2018.11.02 2018고단98

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

The amount equivalent to the above additional collection charge.

Reasons

Punishment of the crime

[Criminal record] On August 20, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Seoul Central District Court on ten months, and completed the execution of the sentence on April 24, 2016.

[2] On August 25, 2017, the Defendant: (a) decided to purchase a penphone from the sales book of his name-free cambacule (one philopon; hereinafter “philopon”); (b) transferred KRW 100,000 to the above name-free person through deposit without passbook; and (c) received one part of the cambule with approximately 0.02 gramlopon containing approximately 0.02 gramlopon, which is concealed by the above name-free person; (d) around 23:00 on the same day, the Defendant sold part of the cambulon purchased from the guest room in the Nam-gu Incheon Metropolitan City Eel heading room. (e.g., hereinafter “philopon”); and (e) sold it to the Defendant by melting it with water.

Accordingly, even if the Defendant is not a narcotics handler, he administered a philophone, which is a local mental medicine.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A statement on the assessment of narcotics, a statement on the assessment of narcotics, a statement on the assessment of narcotics, a statement on the assessment of genes and a statement on the assessment of narcotics;

1. A report on investigation (calculated additional collection charges);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, three copies of the judgment, one copy of the personal identification and acceptance status, and one of the Acts and subordinate statutes;

1. Relevant Article of the Act on the Management of Narcotics, etc. for the Fact-finding and the Selection of Punishment; Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, etc. for the Selection of Punishment; and the Selection of Imprisonment with labor;

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. The basic area of the first crime (the scope of recommended punishment), the clopon medication (the scope of recommended punishment), the copon medication, the simple possession, etc. (the copon b.) (0 months to 2 years).