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(영문) 수원지방법원 2020.04.10 2020고단243

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 to 6 and 8 shall be confiscated.

from the defendant 150.

Reasons

Punishment of the crime

[Criminal Power] The Defendant, at the Seoul Western District Court on January 17, 2019, was sentenced to imprisonment for six months with prison labor for a violation of the Act on the Control of Narcotics, Etc., and was sentenced to a suspended sentence of two years on January 25, 2019, and the judgment became final and conclusive and two times for the same crime records.

【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:

1. The Defendant, at around 15:00 on August 18, 2019, received approximately 0.1g of philopon from C in the residence of the branch in Geumcheon-gu Seoul Metropolitan Government.

Accordingly, the defendant accepted philophones.

2. At around 18:30 on January 2, 2020, the Defendant, holding a phiphone, containing about 0.13 meters of liquid dilution in the luculon’s luculon’s luculon in black, in the Defendant’s dwelling in Yongsan-gu Seoul Metropolitan Government, containing approximately 0.13 meters of liquid luculon’s luculon’s luculon

Accordingly, the defendant possessed a philophone.

Summary of Evidence

1. Investigation report on the defendant's legal statement in relation to C of the police interrogation protocol (second time) concerning the statement of the prosecutor's office concerning C of the defendant's statement in the court room, records of police seizure protocol, contents of seized articles and the result of summary trial, results of examination of seized articles and reports on investigation (related to the arrest of the suspect A's residence

1. Previous convictions: The application of criminal records and investigation reports (the confirmation of crimes during the period of suspended sentence) and statutes;

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is that the defendant was sentenced to imprisonment with prison labor for each time on the 2008 and 2019.