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(영문) 의정부지방법원 고양지원 2020.01.23 2019고단3714

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment for one year.

10,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection charge.

Reasons

Punishment of the crime

The Defendant is not a person handling narcotics, and the Defendant shall not administer psychotropic drugs so that the psychotropic drugs-related metropics ("copics"; hereinafter referred to as "copics").

On December 13, 2019, at around 18:00, the Defendant administered philophones by inserting approximately 0.05g of philophones on a gambling room in the mutual in the vicinity of Yongsan-gu Seoul, Yongsan-gu, Seoul, in a manner of heating them into a philoter and inhaleing them by entering.

Summary of Evidence

1. Defendant's legal statement;

1. Written statement of the prosecution and the prosecutor’s seal;

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

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection of Narcotics, etc., and Selection of Imprisonment with prison labor concerning facts constituting an offense;

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. The scope of punishment by law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing criteria (decision of types): 01. Medication, simple possession, etc. (Type 3) of narcotics crimes;

Items c) and c.

Table [Special Aggravations] Aggravations: Imprisonment with prison labor for one year to three years

3. Determination of sentence: The Defendant, one year of imprisonment, was sentenced twice to criminal punishment for a violation of the Act on the Control of Narcotics, Etc., and, in particular, on March 8, 2019, was sentenced to a suspended sentence of 2 months for a violation of the Act on the Control of Narcotics, etc. and sentenced to a suspended sentence of 2 months for a violation of the Act on the Control of Narcotics, etc., and on March 16, 2019, committed the instant crime without being committed during the suspended sentence

However, the fact that the defendant recognized the crime of this case and reflected in the crime of this case shall be considered as favorable to the defendant.

In addition, the order shall be made by comprehensively taking into account the following factors, such as the defendant's age, character and conduct, family relations, motive and circumstances after the crime, and circumstances after the crime.