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(영문) 광주지방법원 2021.01.21 2020고단5184

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for four months.

1,900,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

[criminal record] On November 1, 2016, the Defendant was sentenced to two years and three months of imprisonment with labor for a violation of the Narcotics Control Act at the Gwangju District Court on May 3, 2018, and completed the execution of the above punishment on May 3, 2018. On October 10, 2019, the Defendant was sentenced to imprisonment with labor for the same crime in the same court on February 27, 2020.

[Criminal facts] The Defendant is not a narcotics handler

On March 30, 2019, the Defendant received KRW 1.9 million from D to his account in his name or E around March 30, 2019, and purchased and sold approximately 10g of Metepiles, a local mental medicine, to D.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of the crimes in the judgment of each prosecutor's office on a copy of the suspect examination protocol (calculated of a surcharge) with respect to D/C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. for Criminal Facts, as a result of the aggravated aggravation of repeated crimes, Article 35 of the Criminal Act;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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 had been punished several times for the same kind of crime, even though he had been punished for a repeated crime, the Defendant committed the instant crime again, and it is inevitable to sentence the Defendant to a more severe punishment.

However, it is against the defendant's recognition of the crime of this case, and this case needs to consider equity in the case of concurrent crimes between the crime for which judgment has become final and the crime of this case and the crime of this case after Article 37 of the Criminal Act, and it is also necessary to consider the principle of equity in the case of concurrent crimes. In addition, the conditions of sentencing specified in the records of this case, such as the defendant's age, sexual conduct