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(영문) 수원지방법원 2019.08.13 2019고단1226
마약류관리에관한법률위반(향정)
Text

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

450,000 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

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

1. On November 14, 2018, the Defendant: (a) deposited KRW 4.50,000 in the account of D Association (E) in the name of C designated by the seller of Handphones (name of telephones): (b) on November 14, 2018; (b) received plastic bags containing approximately 0.5g of philophones attached to the ceiling of the Seoul Gangnam-gu Open-dong, Seoul, and purchased philophones.

2. At around 14:00 on November 14, 2018, the Defendant administered philophones by inserting approximately 0.05g of philophones purchased, such as the above paragraph (1), into a dactylphone in a injection machine, dilution with dactphones, and administering philophones.

Summary of Evidence

1. Defendant's legal statement;

1. Details of transactions in the C name Diplomatic Association E account;

1. Application of Acts and subordinate statutes to CCTV data of financial institutions;

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 facts constituting an offense, and the choice of imprisonment, respectively;

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

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 recommended sentences according to the sentencing criteria;

(a) Class 1 crime [Violation of the Act on the Control of Narcotics, etc. (Determination of Pronouncement)] (Article 1 of the Act on the Control of Narcotics). Medication, simple possession, etc. (Type 3) of narcotics;

Items c) and c.

Table [Special Aggravation] Aggravations: Aggravation of the same previous conviction (not less than a three-year suspension of execution) (the scope of the recommended sphere and the scope of the recommended punishment), one year to three years of imprisonment.

(b) Class 2 crime [Violation of the Act on the Control of Narcotics, etc. (Determination of Punishment)] (Determination of Punishment of Narcotics, etc.]. Trade, good offices, etc. (Type 2] marijuana and perfumes;

Items c) and c.

Measures to mitigate trees, etc. (Special Sentencings): Purchasing or receiving for medication, simple possession, etc.

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