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(영문) 인천지방법원 2020.06.26 2020고단2748

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On December 6, 2019, the Defendant was sentenced to a suspended sentence of three years, 40 hours of probation, pharmacologic, and 160 hours of community service on the grounds of a violation of the Act on the Control of Narcotics, Etc. at the Suwon District Court on December 6, 201, and the judgment became final and conclusive on December 14, 2019.

【Criminal Facts】 The Defendant is not a narcotics handler】

On September 9, 2019, the Defendant decided to purchase 1g of philopon from the sales book of philopon, and deposited 700,000 won from the C Bank account (E) account in the name of C Bank in Bupyeong-gu, Incheon, Jung-gu, at around 15:58 on the same day, the Defendant deposited 70,000 won in the name of C Bank account (Account Number E) in the name of D, which was known by the winners of the above non-name, and attempted to bring about the philopon which was hidden by the winners of the above non-name from the non-name-based housing in Goyang-gu, Manyang-si, Manyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Details of account transactions;

1. Criminal records as stated in the judgment: Criminal records, inquiry reports, investigation reports (Attachment to separate final and conclusive judgments), application of statutes on judgment;

1. Article 60 (3) and (1) 2 of the Act on the Control of Narcotics, Etc., and Articles 4 (1) 1 and 2 subparagraph 3 (b) of the former Act on the Management of Narcotics, Etc., for which the relevant provision of the Act on Criminal Facts and for which a sentence is selected (wholly amended by Act No. 16714, Dec. 3, 201); the choice of imprisonment;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. subject to Additional Collection (700,000 won in the purchase price of opon);

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the crime of this case is committed in attempted crimes, the defendant shows an attitude to recognize and reflect the crime of this case, and the equality between the case and the case to be judged simultaneously because the crime of this case constitutes concurrent crimes under the latter part of Article 37 of the Criminal Act shall be considered.