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(영문) 대구지방법원 2015.02.05 2014고단4993

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On July 2013, the Defendant received approximately 0.03 grams of psychotropic drugs, from C, in front of the meeting Park Jung-gu, Daegu-gu (Seoul-gu), from the Defendant, at no charge, over 0.03 grams of psychotropic drugs.

2. On December 7, 2013, the Defendant received approximately 0.03 grams from the said C at the French-gu New Cancer (Seoul-dong) around December 7, 2013.

Summary of Evidence

1. C’s legal statement;

1. Partial statement of witness D;

1. A protocol concerning the examination of the accused under the first and second prosecutor's office;

1. The details of telephone conversations (87 pages of investigation records);

1. Changwon District Court Decision 2013Nomen3883;

1. In full view of the investigation report (calculated of a surcharge), large autopsy [the monthly rate of eight months for narcotics - the price of the cancer for narcotics] 1 copy [the defendant denies that he/she received a phiphone without compensation as shown in the facts constituting a crime in the judgment of the court below, but the defendant denies that he/she received a phiphone from C without compensation as shown in the judgment of the court below, but it is sufficiently recognized that he/she received a phiphone from C, as shown in the judgment of the court below, in full view of the statements by a witness C and witness D, which are reliable and consistent and are corresponding thereto, statements by the defendant's prosecutor's office that recognized the facts constituting a crime in the judgment of the court below, statements by the defendant who made C as the defendant in the criminal case (original District Court Decision 2013Da3883, etc.) that he/she

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Type 1 of Article 67 of the Act on the Control of Narcotics, etc. (the 200,000 won shall be considered as 10,000 won and 200,000 won) for the reason of sentencing [the scope of recommending sentence], trade, good offices, etc. shall be included in the category 2 of the Act on the Control of Narcotics, etc.;