logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.01.10 2019고단6711
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Seized evidence No. 1 shall be confiscated.

20,000 won from the defendant.

Reasons

Punishment of the crime

Even if the Defendant is not a person handling narcotics, he handled the psychotropic drugs-related Megacule (one philopon; hereinafter “philopon”) as follows:

1. On January 1, 2019, the Defendant administered phiphonephones in a manner that prompts the postponement through the opposite glass pipe, where the Defendant took water on the glass disease connected to the two previous glass sources, puts the volume of phiphones into the end of one glass pipe, heated the following: (a) around January 1, 2019, the Defendant administered phiphones in a manner that prompts the postponement.

2. Around July 14, 2019, the Defendant administered philophones in the above-mentioned manner at the place of residence of the buphones.

Summary of Evidence

1. Defendant's legal statement;

1. Written appraisal of narcotics;

1. Reporting on the detection of customs clearance and the application of Acts and subordinate statutes to investigation reports (calculated of suspect collection charges);

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., for which the relevant Article of the Criminal Act and the Selection of Punishment is applicable;

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

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. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime [Violation of the Act on the Control of Narcotics, etc. (Determination of Pronouncement)] (Article 1 of the Act on the Control of Narcotics). Medication, simple possession, etc. (Type 3) of narcotics;

Items c) and c.

Table [Special Aggravation] Aggravations: Aggravation of the same previous conviction (not less than a three-year suspension of execution) (the scope of the recommended sphere and the scope of the recommended punishment), one year to three years of imprisonment.

(b) Second Offences [Violation of the Act on the Control of Narcotics, etc. (Determination of Pronouncement)] / 01. Medication, simple possession, etc. (Type 3]

Items c) and c.

Table [Special Aggravation] Aggravations: Aggravation of the same previous conviction (not less than a three-year suspension of execution) (the scope of the recommended sphere and the scope of the recommended punishment), one year to three years of imprisonment.

(c) Standards for handling multiple crimes shall be met;

arrow