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(영문) 인천지방법원 2018.06.07 2018고단3252

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

20,000 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 April 22, 2016, the Defendant was sentenced to one year of imprisonment with labor for a violation of the Narcotics Control Act at the Incheon District Court on April 22, 2016 and completed the execution of the sentence on March 4, 2017.

[Criminal facts]

1. On March 25, 2018, around 22:00, the Defendant dices approximately 0.2 grams of Mepters (one philopon; hereinafter “philopon”) in a toilet within the Defendant’s residence of 101-dong, Seo-gu, Incheon, Seo-gu, Incheon.

2. From April 12, 2018 to around 12:00 on the same day, the Defendant dices approximately 0.2 g of philopon into coffee at the inside of the Defendant’s residence as stipulated in paragraph (1) at around 12:00 on the same day.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A protocol of seizure (voluntary submission), and a list of seizure (82 pages of the investigation records);

1. Each response to a request for appraisal;

1. Investigation report (calculated on a surcharge), monthly trend of narcotics, etc. ( February 2018);

1. A's certificate of medical treatment and a copy of a medical record;

1. Previous convictions: Application of a written reply to inquiries, such as criminal history, (A), judgment A (2016 Height 1133, Incheon District Court Decision), and Acts and subordinate statutes on personal accommodation;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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 punishment according to the sentencing guidelines – Crimes 1 and 2 [Scope of the recommended punishment] : The scope of the final sentence due to the aggravation of the aggravated area (one year to three years) of the three types (one year to three years) (special aggravated persons) in the area of increase (one year to three years), such as the medication, simple possession, etc. of the sentence: One year to four years;

2. The defendant who has committed a crime of phiphone medication during the period of repeated crime;