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(영문) 인천지방법원 2015.06.24 2015고단2429
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 22:00 on August 24, 2014, the Defendant, at the Domoto in the Domoto C, sent approximately 0.1g of psychotropic drugs, psychotropic drugs, to E without compensation.

Accordingly, even if the defendant is not a person handling narcotics, he provided psychotropic drugs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation reports (report on the current market price of Metampers);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Protection of Narcotics, Etc., and Selection of Imprisonment with labor concerning facts constituting an offense;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Reduction elements of types 2 (mariju, fabal items (b) and (c), etc.) [Special Sentencing)], such as the application of the sentencing criteria [Determination of types of narcotics] the sale, purchase, brokerage, etc. of narcotics: Aggravation factors where there are particularly extenuating circumstances in the commission of a crime or motive for a crime: Aggravation factors (not less than a three-year suspended sentence): August to June 1 and 2;

2. Determination of sentence: A sentence of imprisonment with prison labor for eight months is to be imposed inasmuch as the crime of providing phiphones is not good in terms of propagating the phiphones to third parties, and even if the person was under the suspension of the execution of the same crime in 2012, he/she again led to the crime of this case.

However, in light of the fact that the defendant is against the crime of this case, the fact that the crime of this case was caused by the E's request, the support for the aged's parents, and the fact that it seems that he had faithfully lived before the crime of this case, and other various sentencing conditions, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, etc., shall be determined as ordered by the sentence.

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