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(영문) 의정부지방법원 고양지원 2018.04.26 2018고단292
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for two years.

30,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection charge.

Reasons

Punishment of the crime

[criminal history] On August 20, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act (compact) at the Incheon District Court on the grounds of a violation of the Act on the Control of Narcotics, etc. and completed the execution of the sentence on December 24, 2016.

[Criminal facts] The Defendant is not a person handling narcotics, but is not a person handling narcotics, and thus cannot administer or possess Mesophopopon (the copon (the copon "copon"), a local mental medicine.

1. On May 27, 2017, the Defendant: (a) carried a philophone, which was kept in custody of C303 906 Gaononon-ro at Goyangyang-gu and C303 906 Doon-ro; and (b) approximately 0.3 gon-phone on the part of the Defendant’s wall; and (c) carried a philophone.

2. On January 25, 2018, the Defendant administered a philophone medication in a manner that inhales the smoke generated by heating approximately 0.3g of philophones received from E from Dong-gu Incheon Metropolitan City (D 205 Do 1006), using the crophone as soon as possible.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the prosecution or the police examination;

1. Copy of each police statement concerning G;

1. Results of simplified test of narcotics, a certificate of narcotic appraisal, and a state and a report of narcotic influence on the Abrying of narcotics;

1. A report on investigation (calculated on an additional collection charge) and monthly trend of narcotics;

1. Application of inquiry statements, such as criminal history, and application of Acts and subordinate statutes on investigation reports;

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Facts and the Selection of Punishment (the possession and medication of phiphones, the selection of imprisonment with prison 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 Act on the Management of Narcotics, etc. subject to Additional Collection (the grounds for calculation shall be as shown in attached Form);

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

1. The scope of punishment by law: Imprisonment for one month to thirty years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Type 3 (Paccination, b. and c.) (Special Sentencing) of Violation of the Act on the Control of Narcotics, Etc. (Determinations of Types) (hereinafter referred to as "Determinations"), such as medication, simple possession, etc.

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