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(영문) 서울중앙지방법원 2020.02.06 2019고단6698
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

520,000 won shall be additionally collected from the defendant.

The provisional payment of the amount equivalent to the above additional charges shall be made.

Reasons

Punishment of the crime

[Criminal Power] On August 14, 2019, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. at the Seoul Central District Court on January 14, 201, and the judgment became final and conclusive on November 1, 2019.

[2019 Highest 6698] Even if the Defendant is not a person handling narcotics, the Defendant treated the psychotropic drugs as follows:

1. At around 02:00 on April 9, 2019, the Defendant received approximately 0.5 grams from Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, on a free basis, to C with approximately 0.5 grams.

2. At around 20:00 on Apr. 2019, the Defendant received approximately 0.5g 0.5g philopon from the alleyway in Guro-gu Seoul D market, on a free basis, from C.

[2019 Highest 8066] Notwithstanding that the Defendant is not a person handling narcotics, the Defendant dealt with philophones as follows.

1. On March 2019, the Defendant provided G with approximately 0.3 gramphonephones from Guro-gu Seoul, Guro-gu, and underground F, to G, with approximately 0.3 gramphones.

2. On April 29, 2019, the Defendant provided G with approximately 0.3 gramphones from F as described in the foregoing paragraph 1.1. to G, thereby providing phiphones.

Summary of Evidence

[2019 Highest 6698]

1. Defendant's legal statement;

1. Each police interrogation protocol of H and C:

1. Investigation report (suspect C of the relevant accomplice C, indictment of the relevant accomplice and attachment to the non-prosecution), investigation report (Calculation of a surcharge) (Calculation of a surcharge);

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning G;

1. Investigation report (specific relation to the place of crime), and output of NAB map (pre-before the date of sale);

1. A reference to criminal records, a reference to criminal records, a reference to case agreements and supplementary documents of the Seoul Central District Prosecutors' Office No. 2019 high-ranking 3116, and the application of each statute

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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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