beta
(영문) 수원지방법원 안양지원 2017.10.17 2017고단694

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for six months.

400,000 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 22, 2014, the Defendant was sentenced to one year and six months of imprisonment by the Incheon District Court due to a violation of the Narcotics Control Act (fence), and completed the execution of the sentence on May 5, 2015 at the Incheon Detention Center.

On March 24, 2016, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act (compact) at the Suwon method and was finally decided by the Supreme Court on August 23, 2016.

[2] Around October 2015, the Defendant received KRW 400,000 from E from the “D” telecom located in the Dong-gu Incheon Metropolitan City, Incheon around 21:30,00, and sold a single-use injection device with approximately 0.03g of 0.03g of clopon (hereinafter referred to as “one-use copon”) to E at the same place as around 22:0 of the same day.

Summary of Evidence

1. Partial statement of witness E;

1. A response to a request for a minor's suffered appraisal, and a reply to a suspect's made appraisal;

1. A detailed statement of his/her own mobile phone call;

1. Some description of the investigation report (the final report on the judgment of a public E-court);

1. Partial entry of the report on the calculation of additional collection charges;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of repeated power and ex post facto concurrent relationship), and other statutes;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (400,000 won for sale);

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act - Since punishment is a single concurrent crime after Article 37 of the Criminal Act, the sentencing guidelines are not applied. Excellent circumstances: The instant crime is a concurrent crime with the crime of violation of the Act on the Control of Narcotics, Etc., in the judgment, and the crime of violation of the Act after Article 37 of the Criminal Act, and the crime of violation of the latter part of Article 37 of the Criminal Act, and there is a need to consider the equity with which a judgment