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(영문) 서울중앙지방법원 2020.09.08 2020고단2934

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

10,000 won shall be additionally collected from a defendant, and an amount equivalent to the additional collection charge.

Reasons

Punishment of the crime

[Criminal Power] The Defendant, at the Suwon District Court on November 20, 2018, was sentenced to a suspended sentence of two years for a violation of the Act on the Control of Narcotics, Etc., and the judgment becomes final and conclusive on November 28, 2018 and is still under suspended sentence.

【Criminal Facts】

Even if the Defendant is not a narcotics handler, he handled psychotropic drugs-related Mesofts (one philophone; hereinafter “philophones”) as follows:

On April 1, 2019, at around 22:00, the Defendant dump dump dump in Gangnam-gu Seoul Metropolitan Government B apartment C with the dilution volume.

Accordingly, the Defendant administered philophones.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the prosecution and the police interrogation of the accused;

1. Records of seizure and the list of seizure;

1. On-site photographs, reports on requests for appraisal, and reports on the investigation of additional collection charges;

1. Before ruling: The application of criminal records and other Acts and subordinate statutes;

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. 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 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.

Table [Special Aggravation] Aggravations: Aggravation of the same previous conviction (not less than a three-year suspension of execution) (the scope of the recommended sphere and the scope of the recommended punishment), one year to three years of imprisonment.

3. Determination of sentence: A judgment shall be rendered as ordered on the grounds of imprisonment with prison labor for not less than six months (the fact that a simple medication was completed once, and the suspension of execution is invalidated, etc.);