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(영문) 인천지방법원 2016.12.15 2016고단7578
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 power] On February 17, 2016, the Defendant was sentenced to eight months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court on August 30, 2016, and the Defendant was not treated as a person who completed the enforcement of the sentence at the Incheon Detention Center on August 30, 2016, and is not a person handling narcotics, but as a person handling psychotropic drugs, the Defendant administered phiphones as follows.

【Criminal Facts】

1. On October 2016, the Defendant administered phiphonephones by driving approximately 0.03g of c and 0.03 gramphones on coffee at the residence of the Defendant, Namdong-gu, Incheon, Nam-gu, and 401.

2. On October 2016, the Defendant administered phiphonephones by driving approximately 0.03 grams on a coffee at the residence of the Defendant at the end of the end of the end of the year.

Summary of Evidence

1. Defendant's legal statement;

1. Protocols of seizure, list of seizure and reports on requests for expert evidence;

1. Each report on investigation;

1. Previous records: Criminal records, inquiry reports, investigation reports (Attachment to the judgment, etc. of a suspect A repeated crime), judgment and personal confinement status, respectively;

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., concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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. The scope of the recommended sentence according to the sentencing guidelines: Class 1 crime [the scope of the recommended sentence], the scope of the aggravated sentence according to the aggravated sentence [the range of the recommended sentence] according to the aggravated sentence (one-year suspension of execution within three years), the area of the aggravated (one-year suspension of execution within three years) of Types 3 (one-year suspension of execution within three years), the area of the same criminal records (the scope of the recommended sentence], the area of the aggravated punishment (one-year suspension of execution within three years), the subject of the aggravated punishment (one-year suspension of execution within three years), the subject of the aggravated punishment (one-year suspension of execution within three years): one year or more.

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