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(영문) 서울중앙지방법원 2020.11.17 2020고단5894

마약류관리에관한법률위반(향정)

Text

Defendant shall be sentenced to six months of imprisonment, and the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

seizure.

Reasons

Punishment of the crime

[Criminal Power] On November 11, 2020, the Defendant was sentenced to imprisonment with prison labor for 10 months and 2 years of suspended execution for violating the Special Act on the Establishment of Jeju Special Self-Governing Province and the Creation of Free International City.

【Criminal Facts】

Despite the fact that the Defendant is not a person handling narcotics, the Defendant dealt with the psychotropic drugs-related Mesofts (one philophone, hereinafter “philophones”) as follows:

At around 20:00 on May 13, 2020, the Defendant administered the philopon medication by inserting the volume of philopon into the philopon medication apparatus using pedalopon, water, etc. at the residence of the Defendant in Guro-gu Seoul Metropolitan Government, Guro-gu, and the second floor, and heating the philopon into a philopon by using the string as soon as possible.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Records of seizure and the list of seizure;

1. An appraisal statement, a response to a request for appraisal, and an investigation report on the calculation of additional collection charges;

1. Previous records: The application of Acts and subordinate statutes concerning criminal records and investigation report attached to judgment;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. (Selection of Imprisonment) concerning the relevant criminal facts;

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

1. Article 67 of the Act on the Control of Narcotics, etc.

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

1. Scope of applicable sentences under 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.

F. [Special Punishment] Reduction element: Where there is a reason to take special account of the commission of a crime or the motive of a crime (the scope of the recommendation field and the scope of the recommended punishment), mitigation area, six months to one year and six months of imprisonment.

3. Determination of sentence: It shall be so decided as per Disposition for six months of imprisonment and suspension of execution for not less than three years;