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(영문) 인천지방법원 2016.01.14 2015고단6055
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal record] On November 20, 2014, the Defendant was sentenced to eight months of imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court’s Dong Branch Branch Branch, and completed the execution of the sentence on April 9, 2015 at the Busan Detention Center.

[Criminal facts]

1. On June 7, 2015, the Defendant given and received Metropopon (one philophone; hereinafter referred to as “philoopon”) to F, around 22:00 on June 7, 2015, included approximately 0.2g of phiopon, in front of the Ecomter located in Incheon Southern-gu, Incheon.

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

2. On September 14, 2015, the Defendant ingnishing 0.05 g of philopon, which is a native mental medicine, in the H real estate located in G 1st floor of the Gu, dysnishing around the 14:00 on September 14, 2015.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. Each request for appraisal (in addition) and each narcotic appraisal report;

1. Previous convictions: Application of Acts and subordinate statutes concerning the results of inquiry, investigation reports (fact that a repeated crime is being committed), number of individuals and current status of confinement;

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., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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. Crimes No. 1 for reasons of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the scope of recommendations), such as sale, purchase, brokerage, etc., are important investigation cooperation in the basic area (one year to two years) (the person subject to special mitigation) (the person subject to special mitigation) / the scope of recommended punishment) of the same kind and previous crimes (the period of suspension of execution for not more than three years) / the possession, etc. of the basic area (the person subject to special mitigation of punishment from 10 to 2 years) of the same type (the person subject to special mitigation of punishment) / The same kind and previous crimes (the period of suspension of execution for not more than three years) / The suspension of execution for not more than three years).

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