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(영문) 대구지방법원 2019.09.04 2019고단2689

마약류관리에관한법률위반(향정)

Text

Defendants shall be punished by imprisonment for ten months.

1,00,000 won shall be collected from each of the Defendants.

Reasons

Punishment of the crime

The Defendants, who are foreigners of the nationality of Thailand, dealt with the psychotropic drugs-related psychotropic drugs-related clickphones (one clickphone; hereinafter “clickphones”), as follows, even though they are not authorized to handle them:

1. On May 16, 2019, Defendant A administered a phiphone in a way that a non-indicted farmer, located in the south of the Gyeong-gun, Sung-gun, Sung-gun, Gyeong-gun, in a vinyl house, put approximately 0.1g of philophone into a glass pipe, and heating the philophone into a single-use throwter.

2. On May 16, 2019, Defendant B administered philophones by inserting approximately 0.1g of philophones into drinking water and dilution in a vinyl house by a foreign farmer, who is located in the south of the Sung-gun, Sung-gun, Sung-gun, Sung-gun, Gyeong-gun, the Defendant administered philophones in a scopic method.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each appraisal report;

1. Seizure records;

1. A report on investigation (calculated additional charges);

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The Defendants of the relevant legal provision and the choice of punishment for the crime: Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) (the point of administering phiphones and the choice of imprisonment) of the Narcotics Control Act;

1. The Defendants additionally collect: (a) considering that the sentencing grounds under the proviso to Article 67 of the Narcotics Control Act (amended by Act No. 67) imposed a heavy penalty in light of the substance of the instant crime; and (b) taking into account the factors favorable to the Defendants, such as the confession of the commission of the crime and the absence of the record of criminal punishment, a sentence identical