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(영문) 서울동부지방법원 2020.01.16 2019고단3261
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Criminal facts

The defendant is not a person handling narcotics.

From November 2, 2015 to around the 12th day of the same month, the Defendant administered psychotropic drugs in an influorous manner the mecopic dose of psychotropic drugs (hereinafter “softphone”).

Summary of Evidence

1. Defendant's legal statement;

1. Request to investigate narcotics;

1. Application of Acts and subordinate statutes to requests for appraisal, reports on narcotics appraisal;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., for the Establishment of Relevant Acts and the elective Punishment for Crimes (Selection of Imprisonment);

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;

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

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing criteria (decision of types): 01. Medication, simple possession, etc. (Type 3) of narcotics crimes;

Items c) and c.

Title [Special Convicts] None [The area of recommendations and the scope of recommendations] basic area, 10 to 2 years of imprisonment

3. In light of the fact that the Defendant, prior to committing the instant crime, had the same type of crime as the instant case, who was punished by imprisonment with prison labor twice as a suspended sentence, and that the Defendant committed the instant crime during the probation period of the previous crime, the Defendant should be punished with strict penalty.

On the other hand, the fact that the Defendant appears not to have administered narcotics for about four years after committing the instant crime, and that the Defendant repents and reflects his mistake, etc., shall be considered as favorable to the Defendant.

In addition, the conditions of various sentencing as shown in the trial process of this case, such as the age, character and conduct, environment, and circumstances before and after the crime, shall be determined as per Disposition.

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