beta
(영문) 인천지방법원 2015.10.08 2015고단4310

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

On November 22, 2014, the Defendant d, at around 23:00, 23:00, dump dump dump, a psychotropic drug that fump fump fump (one name hereinafter “philopon”) was dumped and dumped, and dump was dumped by inserting the dump volume of the dump fump in the Defendant’s car parked on the H located near the Ha located in the strengthened Military G around 02:0 following the following day by inserting it into the Defendant’s car parked in the H located in the strengthened Military G and dump.

Accordingly, even if the Defendant is not a narcotics handler, he received and administered psychotropic drugs, and administered them.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including part concerning the I's statement);

1. The application of Acts and subordinate statutes to requests for appraisal, reports and written appraisal;

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 the relevant criminal facts and the Selection of Punishment for Crimes;

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

1. The scope of the final sentence due to the purchase for medication, simple possession, etc. ( August to 16) and the mitigated area ( August to 196) of Part II (Recommendation Scope) of the Act on the Control of Narcotics, Etc. for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. and the final sentence according to the reduction area ( August to 16) of Part II (Special Mitigation ] of the Act on the Control of Narcotics, Etc. for the Punishment of Narcotics, etc. without any basic area (10 to 2 years) [the scope of recommendation ] of Part III (10 to 10 years) of the Act on the Control of Narcotics, etc. for the Punishment of Narcotics, etc. for the Punishment of Narcotics, etc., and the provision of Part III (2) of the Act on the Punishment of Narcotics, etc. shall be determined in consideration of the fact that the above suspended sentence was the only same record of recidivism, the fact that the above suspended sentence was not the same record as the previous record, and the fact that the sentence and other conditions indicated in the order of this case shall be determined.