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(영문) 서울중앙지방법원 2020.12.10 2020고단6968

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

Despite the fact that the Defendant is not a person handling narcotics, the Defendant dealt with the psychotropic drugs-related Mesofts (i.e., a single philopon; hereinafter “philopon”), as follows:

On April 29, 2020, the Defendant purchased 00,000 won from 3:0 to 0.5g of 17:25,000,000 from 3:4,00,000,000 won in the E account (Account Number F) in the name of “stock company D” used by the seller of the non-name-based Handphone, and thereafter, purchased Handphones by collecting approximately 0.5g, which was concealed in the lower part of the stairs hand-on in the non-multi-household housing located in Gangnam-gu Seoul Metropolitan Government.

Summary of Evidence

1. Police suspect interrogation protocol of the defendant's oral statement;

1. A list of seized articles and a photograph of the seized articles;

1. Details of account transactions;

1. Application of Acts and subordinate statutes to each internal investigation report, investigation report, and accompanying materials (including copies thereof);

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 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

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 the recommended sentence according to the sentencing criteria (decision of type): 02. Sale, purchase, mediation, etc. (Type 2) marijuana and perfutation;

Sub-paragraphs and

(c) Mitigation elements, such as trees (special persons): Purchase or receipt for medication, simple possession, etc. (the area of recommendation and the scope of recommendation), mitigation area, 8 months to one year and six months;

2. Determination of sentence: A person who commits a crime of purchasing phiphone, which is a psychotropic drug, even though he/she has been placed in the line of conditional suspension of indictment on the completion of the relevant educational course;

(k) favorable circumstances: The confession of a crime and reflects on it, the intention of the short-term contract is being added, and the first offender is the first offender;

It takes into account all these factors of sentencing.