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(영문) 수원지방법원 2017.11.23 2017고단3432
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

On June 9, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Narcotics Control Act in the Incheon District Court on January 14, 2017.

Despite the fact that the Defendant is not a narcotics handler, around May 16, 2017, at the house of the G located in Yeonsu-gu Incheon Metropolitan City F and 302, delivered approximately 0.1g of Mebatop (one philopon; hereinafter referred to as “philopon”) to G, and received them without compensation, and put about 0.1g of philopon into a one-time injection and dilution with water and dilution, and then injected them to the blood tubes, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Photographs of the scene of arrest;

1. Each protocol of seizure and each list of seizure;

1. Photographs of seized articles;

1. Giving a reply to the result of appraisal;

1. Correspondence to a response to the result of appraisal;

1. A report on investigation (calculated additional collection charges);

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report ( current status of personal confinement and sentence of judgment), personal confinement status, and application of each sentence-related statute;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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;

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

1. Scope of the recommended punishment according to the sentencing criteria: One year and six months from June to six months; and

(a) Crimes 1 (Receipt and Receipt of Handphones) (Scope of a punishment), sale, brokerage, etc., of the two types (marijus, flaps (b), items (c) and (c), etc.). In the area of aggravation (one year and six months to four years), the previous crimes of the same species (a period of suspension of execution of execution of not more than three years)

(b) Class 3 (D. b. and c. c.) in the aggravated area (one year to three years) of the second crime (the scope of a recommendation), medication, simple possession, etc. (the scope of a punishment).

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