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(영문) 인천지방법원 2016.04.14 2016고단1111
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

10,000 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

On July 3, 2014, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act in the Seoul Central District Court on October, 2014 and was sentenced to two years of suspended execution on July 11, 2014, and is currently under suspended execution as of July 3, 2014.

On February 9, 2016, from around 20:0 to around 21:00, the Defendant received approximately 0.03 grams of the Mepta (one philopon; hereinafter “philopon”) 0.03 grams from F in front of the D Station located in the D Station in Jung-gu Incheon, Jung-gu, Incheon, for a gambling, and dice flopon flopon flopon flopon flopon flopon. As above, the Defendant flopon flopon flopon flopon in the canc.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A narcotics appraisal report, a narcotics appraisal report, a seizure report, and a list of seizures;

1. Written statement of the prosecution and the prosecutor’s seal;

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

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and attachment of written judgments), such as criminal history;

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 Prevention of Criminal Facts and the Selection of Punishment (the point of giving and receiving phiphones, the point of giving and receiving phiphones, and the choice of imprisonment with prison labor);

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. The scope of the recommended sentence according to the sentencing guidelines for the crimes falling under Category 1 [the scope of the recommended sentence] 3 (one year to three years) in the area of aggravation (one year to three years), such as medication, simple possession, etc.) / [the scope of the recommended sentence] in the area of mitigation (eight months to one year and six months) in the area of mitigation (referring to marijuana, one year to one year and six months) in the area of mitigation (the scope of the recommended sentence), the area of purchase for medication, simple possession, etc., or the number of final sentences according to the same kind of punishment / from one year to nine years (the suspension of execution within three years) : The scope of one year to nine years:

2. Determination of sentence;

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