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(영문) 서울중앙지방법원 2019.03.21 2019고단288

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. A crime committed on April 9, 2017. On April 9, 2017, around 02:00, the Defendant administered psychotropic drugs, which were psychotropic drugs received from his/her name in the vicinity of the Yeongdeungpo-gu Seoul Metropolitan Government B apartment, in a manner of crypting by promptly using a cryp, a smoke emitted from a heat heat.

2. At around 02:20 on April 13, 2017, the Defendant, who committed the crime of April 13, 2017, administered philophones in the D 1st floor toilets located in Gangnam-gu Seoul Metropolitan Government, in the same manner as the above 1th unit.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure;

1. Written appraisal of narcotics;

1. Application of Acts and subordinate statutes to a report on investigation (statement of surcharge calculation);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc., concerning the relevant criminal facts and the Selection of Punishment;

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

1. The crime related to narcotics, etc. for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. shall be punished strictly in light of their social harm. However, considering the favorable circumstances that there is no same criminal history, simple medication, and the fact that the defendant does not repeat again, the court shall not repeat again, the court shall take into account the circumstances that form the sentencing conditions specified in the sentencing guidelines, taking into account the defendant's age, character and conduct, environment, etc. and the records and the circumstances that form the sentencing conditions specified in the argument of this case, the court shall determine the punishment within the scope of