logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.10.28 2015고단4626
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

21,900 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection charge.

Reasons

Punishment of the crime

On October 1, 2014, the Defendant saw approximately 0.1g of psychotropic drugs from E at the residence of Bupyeong-gu, Incheon, Bupyeong-gu Drudio 406, for free. At the Defendant’s residence located in the above Drudio 409, approximately 0.05gg of the instant rudio live phone, as seen above, droping lives, and drinking approximately 0.05g of the instant live phone remaining at the same place on the same night day.

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

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the interrogation protocol of prosecution E;

1. Seizure records;

1. A narcotics appraisal statement (159 pages of evidence);

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Article 60 (1) 2, Article 4 (1), and Article 2 subparagraph 3 (b) (the point of receipt and delivery of, and medication in, philopon) of the Act on the Management of Narcotics, Etc. for the Fact-finding, and the choice of imprisonment, respectively;

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

1. proviso to Article 67 of the Act on the Control of Narcotics, Etc. (0.1g of Handphones x 219,000 won average nationwide retail price per 1g of Handphones as of June 2015);

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

1. Application of the sentencing criteria;

(a) Basic crimes and concurrent crimes in the first category: One to three years of the previous crimes of the same kind (not less than three years of suspended execution) (the scope of recommending punishment) and the previous crimes of the same kind (not more than three years of suspended execution).

(b) Concurrent Crimes 2: Reduction elements of Type 2 (marith, flaionb, item (b), (c), etc.): Reduction elements for medication: Aggravation factors for giving and receiving for medication (not less than three years of suspended execution) (the scope of recommending punishment) : August to June 1, 200;

C. The result of increase in multiple offenses: one year to five years.

arrow