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(영문) 전주지방법원 2016.07.06 2016고단474
마약류관리에관한법률위반(향정)
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A defendant shall be punished by imprisonment for four months.

650,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[2] On August 8, 2012, the Defendant was sentenced to 10 months of imprisonment with labor for a violation of the Narcotics Control Act (competence) at the Incheon District Court on April 11, 2013, and completed the execution of the sentence at the Ganyang Detention House on April 11, 2013. On December 11, 2015, the former District Court was sentenced to 1 year and 2 months of imprisonment with labor for a violation of the Narcotics Control Act (competence) at the former District Court on December 11, 2015, and was currently pending in the appellate trial (2015No 1880). On May 27, 2016, the former District Court was sentenced to 3 years of imprisonment with labor for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (competence, etc.) at the former District Court on May 27, 2016, and was not a narcotics handler.

[Criminal facts]

1. On June 22, 2015, the Defendant sent approximately 0.16 grams to AP, which is a local mental medicine, at the CPcom located in the Southern-gu Incheon Metropolitan City CO, and at the CPcom, the Defendant sent approximately 0.16 grams to AP without compensation.

2. On July 11, 2015, the Defendant sent approximately 0.1g of phiphones to CG free of charge at the CP tele, and sent approximately 0.1g of philophones to CG.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol concerning the interrogation of the suspect by the prosecution against the defendant or AP (including the part concerning the statement of the defendant);

1. Copies of each protocol concerning the examination of police officers against CG or AP;

1. Reference materials and rulings;

1. Application of Acts and subordinate statutes of each investigation report;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (e) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts;

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;

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