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(영문) 수원지방법원 2019.07.12 2019고단1532
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

50,000 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 Power] On January 26, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court on January 26, 201, and on September 2, 2017, the Incheon Detention Center completed the enforcement of the sentence, and the same criminal punishment power is 11 times.

【Criminal Facts】

Despite the fact that the Defendant is not a person handling narcotics, the Defendant dealt with the psychotropic drugs-related Mesofts (one philophone, hereinafter “philophones”) as follows:

On August 14, 2018, the Defendant purchased approximately KRW 500,000 from D and purchased 3 g of phiphones from D in the vicinity of Gangnam-gu Seoul Metropolitan Government around August 14, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding D;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, amounts of dispositions and results confirmation reports;

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

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 punishment by law: One month to twenty years;

2. Scope of the recommended sentence according to the sentencing criteria (decision of type): 02. Sale, purchase, mediation, etc. (Type 2) marijuana and perfutation;

Items c) and c.

Aggravations, etc. [Special Aggravations] Aggravations: The area of aggravation of the same criminal records (not less than three years of suspension of execution): the area of aggravation of punishment; 1 year and six months to four years of imprisonment;

3. Determination of sentence: The Defendant committed the instant crime even when he/she was punished 11 times in total (including one time a suspended sentence of imprisonment) due to a violation of the Psychotropic Drugs Control Act and a violation of the Narcotics Control Act (including one time a suspended sentence of imprisonment), and the instant crime also committed on September 2, 2017 within the repeated crime period after the completion of the sentence, on the other hand, the Defendant led to confession, and the Defendant’s age, character and conduct.

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