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(영문) 인천지방법원 2020.02.13 2019고단8683
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for four months.

60,000 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

The defendant is not a person handling narcotics.

On September 27, 2018, the Defendant transferred KRW 600,000 via the company bank account under the name of his/her wife (T) to one bank account in the name of S (R: number) known by the Nonindicted Party on September 18, 2018. On the same day, around the same day, the Defendant purchased approximately three gram of psychotropic drugs, which are psychotropic drugs in front of the Guro digital complex neighboring the Guro-gu Seoul Metropolitan Complex, with garbage bags, which was known by the Nonindicted Party on September 27, 2018, using the company bank account in the name of his/her wife.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the J;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Article 60(1)2, and Articles 4(1)1 and 2 subparag. 3(b) of the Act on the Management of Narcotics, Etc., for which the relevant provision of the Act on Criminal Facts and the former Act on the Management of Narcotics, Etc., for which a sentence is selected (Amended by Act No. 16714, Dec. 3, 201); the selection of

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 the recommended sentence according to the sentencing criteria (decision of type): 02. Sale, purchase, mediation, etc. (Type 2) marijuana and perfutation;

Items c) and c.

Measures for mitigation, such as wood, etc. (Special Convicts): Purchase or receipt for medication, simple possession, etc. (the area of recommendation and the scope of recommendation); the area of mitigation; imprisonment between August and January 16;

2. The crime of narcotics, etc., on which the sentence of sentence was rendered, requires severe punishment due to addiction and the personal and social harm caused thereby, and the crime of this case committed during the repeated medication of phiphones from around 2018, and the degree of addiction does not seem to be less severe because phiphones were detected even in her hair.

However, there was no criminal record or punishment exceeding the same criminal record or fine until the time of this case, and imprisonment with prison labor for the same kind of narcotics.

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