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(영문) 서울서부지방법원 2019.08.13 2019고단1946

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than five months.

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

The provisional payment of the amount equivalent to the above additional charges shall be made.

Reasons

Punishment of the crime

[Criminal Power] On April 19, 2018, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court, and completed the execution of the sentence on February 26, 2019.

【Criminal Facts】

On April 1, 2019, the Defendant administered approximately 0.07 g of psychotropic drugs, psychotropic drugs, in the Defendant’s residence located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, by a method of scaming them to coffee.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. As for the request for appraisal, the details of telephone calls or reverses, one copy of the indictment in D, each narcotics appraisal report, investigation report, and the market price report on cancer transactions;

1. Previous convictions in judgment: Application of criminal records, one copy of written judgment, and one copy of written confinement status by individual;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the elective Management of Narcotics, Etc. concerning Criminal Facts and the Selection of Punishment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”) shall be determined as ordered in consideration of the following circumstances and other various sentencing conditions as shown in the argument of the instant case.

Unfavorable circumstances: The fact that it is a repeated crime of the same kind in the short term, and the circumstances favorable to the fact that it has the same kind of force several times: the circumstances of the crime are considered, and the fact that it is against the administration once.