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(영문) 청주지방법원 제천지원 2021.01.14 2020고단427
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

Nevertheless, at around 20:00 on December 5, 2019, the Defendant: (a) on the street in front of the influence of the trade name in the Seo-gu Seoul Metropolitan City, Seo-gu B; (b) on the one hand, a single camper with approximately 0.3g of a fluent mental medicine (i.e., a single philopon; hereinafter “philopon”); (c) transferred KRW 100,000 from the Defendant’s D bank account to C’s E bank account on the 18th of the same month at C’s request.

Accordingly, the defendant purchased philophones.

Summary of Evidence

1. As to the Defendant’s legal statement C, the Defendant’s main record of interrogation of the suspect, the message of the Defendant and the sponsor C, the details of transaction of the Handphone account, personal information, telephone reply data, and the Defendant’s telephone delivery data on August 20 of the Supreme Prosecutors’ Office of Justice No. 20 of the Republic of Korea, as to the monthly trend of narcotics, etc., the application of statutes to the investigation status (the confirmation of price of the

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection of and Management of Narcotics, Etc. for Criminal Facts (the choice of imprisonment with prison labor);

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act to mitigate self-denunciation;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act provides for the punishment as ordered by the Criminal Procedure Act, taking into account the following circumstances and the Defendant’s age, sex, family environment, motive, means and consequence of the crime, and various sentencing conditions as shown in the records and arguments, such as the circumstances after the crime.

Unfavorable circumstances: Narcotics crimes are highly likely to be harmful to society, and there is a high need to abolish and punish them.

Before committing the instant crime, the Defendant has been sentenced to imprisonment two times with prison labor for the instant crime, and one time to suspend the execution of imprisonment with prison labor.

The favorable circumstances: At the time of crime and the mistake are divided.

There is a frequency of purchasing philophones.

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