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(영문) 서울중앙지방법원 2020.04.28 2020고단303
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than three months.

20,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional charges.

Reasons

Punishment of the crime

[criminal power] On October 23, 2014, the Defendant was sentenced to a suspended sentence of two years for a violation of the Act on the Control of Narcotics, etc. at the Seoul Central District Court, which was sentenced to a one-year imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc., and was sentenced to a one-year imprisonment for a violation of the Act on the Control of Narcotics, etc. on October 18, 2016 in the original state branch of the Chuncheon District Court, and the said sentence became final and conclusive on February 17, 2017, and the said sentence was terminated on January 20, 2018.

On October 17, 2019, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court, and the judgment became final and conclusive on January 31, 2020.

【Criminal Facts】

Despite the fact that the Defendant is not a person handling narcotics, the Defendant dealt with the psychotropic drugs-related Mesofts (i.e., a single philopon; hereinafter “philopon”), as follows:

around 08:26 February 2, 2019, the Defendant received 200,000 won from B to our bank account used by the Defendant, and the same year.

2. 4. At around 20:00, the Defendant’s residence of the Kuju-si apartment D, purchased and sold a one-time injection device containing approximately 0.1g of philopon to B, in the form of a philopon.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Details of each Korean bank account in Defendant B and B;

1. Report on investigation (report on the calculation of additional collection charges);

1. Previous records: Application of the results of inquiry, such as criminal records, investigation reports (the records of repeated crime and personal confinement status);

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. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The crime of narcotics for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is serious.

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