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(영문) 대전지방법원 천안지원 2021.03.31 2021고단46

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Records] On November 25, 2020, the Defendant was sentenced to a suspended sentence of three years for a violation of the Narcotics Control Act in the Daejeon District Court's Branch of the Daejeon District Court on the following grounds: (a) the Defendant was sentenced to a suspended sentence of three years; (b) the said judgment became final and conclusive on December 3, 2020.

[Criminal facts] The Defendant is not a narcotics handler

On August 2, 2020, the Defendant deposited KRW 400,000 in the C Bank D account under the name of B, which is a philophone sales account, with the distribution of a new wall around 00,000,000,000,000,000 in the face-to-face sales account, and purchased a philophone in a way that the seller informed of the fact at the above place, with the volume of 0.5g (one philophone), which is a local mental medicine (one philophone).

Summary of Evidence

1. Previous records on the Defendant’s legal statement photographs (a separate conversation between telegrams on May 14, 2020), details of financial transactions, and internal investigation reports (C bank CCTV and CCTV suspect's criminal investigation reports, etc.): the application of Acts and subordinate statutes related to investigation reports (the confirmation of such final judgment)

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 and Article 2 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment with prison labor;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. proviso to Article 67 of the Narcotics Control Act (=400,000 won for purchase of phiphones);

1. The sentencing of Article 334(1) of the Criminal Procedure Act is not easy to detect narcotics, etc. with the reason of sentencing, and there is a need to severely punish not only the risk of recidivism in light of their characteristics, but also the negative impact on society as a result of the cryptability, gravity, toxicity, etc. In addition, it is necessary to consider equity in the case where the defendant has been adjudicated together with the crime recorded in the criminal records of the judgment that became final and conclusive, and the defendant's age, sex, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime.