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(영문) 서울남부지방법원 2021.02.24 2020고단6260
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 the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, he handled the Metropha (one philophone; hereinafter “philophone”) which is a local mental medicine as follows.

1. 필로폰 매매 피고인은 위챗을 통해 알게 된 ‘B’ 이라는 마약류 판매상으로부터 필로폰을 구입하기로 하고, 대금 10만 원을 환전 소를 통해 이체를 한 후, 2020. 10. 1. 20:00 경 서울 관악구 C에 있는 D 역 부근 건물 앞에서 위 ‘B’ 이 놓아둔 필로폰 약 0.3g 을 찾아가는 방법으로 필로폰을 매매하였다.

2. On October 1, 2020, the Defendant: (a) opened approximately 0.3g of opononon on the day in Seoul Guro-gu E and 2nd floor; (b) opened approximately 0.3g of opononon on the day in Aluminium aluminium; (c) opened the opon as soon as possible via a ropon, and administered the opon in a way that the opon ends.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on investigation (calculated additionally) and a seizure protocol;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of punishment by law: One month to fifteen years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 crime [Determination of Violation of the Act on the Control of Narcotics, Etc.] / [Determination of Type] / 01. Medication, simple possession, etc. [Type 3] b. Item (c) and 3. / [Special Sentencing / Aggravation of Sentence : The area of recommendation and recommendation / The area of suspension of execution of imprisonment without prison labor for not more than three years] increased by previous crimes of the same kind (not less than the area of recommendation and recommendation] increased by imprisonment for one year to 3 years;

B. Second Crimes [Determinations of Type] / Violation of the Act on the Control of Narcotics, Etc. / [Determinations of Type] . Trading, arranging, etc.

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