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(영문) 대구지방법원 2014.08.14 2014고단2296

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

600,000 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

Defendant is not a narcotics handler.

1. Sale and purchase of phiphones;

A. On February 6, 2014, at around 21:50, the Defendant purchased a penphone with a cash of KRW 300,000,000,000 from Ulsan-dong, Ulsan-gu, Ulsan-do, and with a psychotropic drug c (hereinafter “philopon”).

B. On March 18, 2014, the Defendant remitted 300,000 won of philophones to the Agricultural Cooperative account in the above C’s name at a non-permanent place, and purchased philophones from the above C at a restaurant where the trade name in Ulsan-gu Newdong cannot be known at around 11:30 of the same month.

2. At around 20:30 on March 12, 2014, the Defendant administered philophones by inserting the philophones purchased from the above C from the Defendant’s home toilets located in Ulsan-gu, Ulsan-gu, in a way that puts the philophones onto coffees, like paragraph 1(a).

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's protocol of examination of the accused (including twice and C's statement);

1. The maternity appraisal report;

1. A list of transactions;

1. Application of Acts and subordinate statutes to a report on investigation (statement of surcharge calculation);

1. Article 60 (1) 2, Article 4 (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. Sentencing 1 and 2 crimes [Scope of Recommendation] Trading, good offices, etc.: Class 2 crimes (mariju, fabs, items (b) and (c), etc.) (1 to 2 years) with no basic area (1 to 2 years) [the scope of Recommendation), medication, simple possession, etc.] of Type 3 (10 to 2 years) with no basic area (10 to 3 years), the basic area (10 to 2 years), such as medication, simple possession, etc. of types 3 (10 to 10 years): The scope of final sentence due to the aggravation of multiple crimes with no basic area (10 to 13 years;

2. The Defendant, who has been sentenced to the sentence, has been sentenced to six times as a drug crime.