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(영문) 서울남부지방법원 2020.06.22 2020고단1703

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. At around 17:00 on March 4, 2020, the Defendant received approximately 0.3 gramopon from C, a psychotropic drug, which is a psychotropic drug located in a single-use injection machine, located in Yeongdeungpo-gu Seoul Metropolitan Government B and in the vicinity of its residence, and received a phiopon.

2. Medication of phiphones.

A. At around 20:0 on March 4, 2020, the Defendant injected approximately 0.15 grams into a single-use injection machine at Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, and residence, and dilution with water, and administered phiphones by means of injecting them into arms.

B. At around 21:00 on March 14, 2020, the Defendant administered approximately 0.15 grams in the residence described in the foregoing paragraph (a) in the same manner as the description of the foregoing paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of a protocol of suspect examination of police officer C;

1. Records of seizure and the list of seizure;

1. A statement on narcotics appraisal;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Relevant legal provisions and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) (the point of delivery and delivery of philopon) of the Act on the Control of Narcotics, Etc. and the Selection of Imprisonment with prison labor for the crime;

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

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant committed a second offense even though he was sentenced to a punishment for the same crime in 2004.

However, there are no circumstances such as the confession and reflect of the crime from the investigative agency in a timely manner, the fact that there is no criminal history exceeding the same kind of crime or fine after around 2004, the delivery to a third party, etc., and the fact that the defendant is on simple acceptance and medication, and the defendant's age, character and behavior, environment, health condition, motive and motive of the crime.