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(영문) 광주지방법원 2019.07.04 2019고단1872
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Despite the fact that the Defendant is not a person who resides in the Republic of Korea and is not a person who is not a person who is not a narcotics, the Defendant treated the psychotropic drugs, as follows:

Around 23:00 on March 26, 2019, the Defendant promised to sell 2g of a philopon to D (E) prior to Sungsung City B, and received KRW 1.2 million from D, namely, a 1g of a philopon to D, and on April 8, 2019, the Defendant traded 1g of a philopon to D from 21:0 on April 20, 2019 to 21:0 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol concerning suspect examination of D;

1. The details of hosting;

1. Application of Acts and subordinate statutes to investigation reports (interest, the reversal of statement during the first crime period and the change of place of crime), investigation reports (additional imposition 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. Article 62 (1) of the Criminal Act;

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

1. As for the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, a narcotics crime, such as this case, is highly likely to repeat a crime, there is a need to strictly punish a crime that is highly harmful to society, a confession by the defendant, and reflects his wrongness, the defendant has no record of punishment in the Republic of Korea, the other party to the transaction, the number and frequency of the sale, the circumstances of the crime, etc., including the defendant's age, character and conduct, environment, motive for the crime, and circumstances after the crime, shall be determined as ordered by taking into account the following factors:

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