logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.09.14 2018고단5670
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

600,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection charge.

Reasons

Punishment of the crime

On January 21, 2016, the Defendant was sentenced to a suspended sentence of 8 months for a crime of violation of the Narcotics Control Act in the Gwangju District Court’s Manpoon branch on August 23, 2016, and the suspended sentence was revoked on August 23, 2016, and the execution of the sentence was terminated on January 11, 2017.

1. On January 15, 2017, the Defendant, on January 15, 2017, 201, issued a 600,000 won in cash to E on the front side of D in the Southern-gu Incheon Metropolitan City, at around 16:0 to 17:00 on January 15, 2017, and 2 grams from E.

2. On July 21, 2018, the Defendant, who administered a phiphone, dypon on July 21, 2018, dyponing approximately 0.05 grams in a coffee at the Defendant’s residence located in the Seo-gu Incheon F 102 Dong 302 Dong around the new wall around July 21, 2018.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution (two-time statement-type) - Examination of the accused;

1. Statement protocol by the police for E;

1. Currency details;

1. Responses to a request for appraisal, and replys to a request for appraisal;

1. A criminal investigation report (Analysis of monetary details and an investigation), and a criminal investigation report (calculated additionally);

1. Previous convictions in judgment: Inquiry about criminal history, text of judgment (Spoon assistance 2015, 1634, 1634) and application of Acts and subordinate statutes concerning personal confinement;

1. Relevant Article of the Act on the Management of Narcotics, etc. for the Fact-finding and the Selection of Punishment; Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, etc. for the Selection of Punishment; and the Selection of Imprisonment with labor;

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 sentences according to the sentencing criteria;

(a) A Class 1 crime (the scope of a recommendation), medication, simple possession, etc., and the aggravated area (1 to 3 years) (1 to 3 years), which is the subject of the aggravated area (a person of special aggravated punishment) (a person of suspended execution for not more than 3 years);

(b) Class 2 offences.

arrow