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(영문) 대구지방법원 2017.11.07 2017고단4707

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than eight months.

30,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On Dec. 2, 2016, the Defendant administered a philophone in a way that clopon c or 101, which is a local mental medicine medicine (one philoopopon; hereinafter referred to as “philoopon”), which is received from D, in the Habong-gu Suwon C or 101 dwelling place, was administered in a philoopon.

2. On January 6, 2017, the Defendant: (a) received contact from E to call for phiphones; (b) decided to sell and purchase phiphones; (c) decided to sell phiphones; (d) decided to sell phiphones; and (e) decided to purchase phiphones with E by saying “A with 200,000 won on our house.”

At around 21:30 on the same day, the Defendant received KRW 200,000 from E from the residence described in the above paragraph (1), and then paid KRW 200,000 to D who sought the said place, and received approximately 0.06g from D and delivered the phone to E, thereby purchasing the phone in collusion with E.

Summary of Evidence

1. Partial statement of the defendant;

1. Copy of the protocol concerning suspect interrogation of E by the prosecution;

1. Part of a copy of the protocol concerning the examination of suspects of D to the prosecution;

1. Copy of the protocol concerning the examination of suspect with respect to F; and

1. Copy of the statement made to G by the police;

1.A detailed statement of each currency, two copies of narcotics appraisal, requests for appraisal, replys to requests for appraisal (D);

1. Application of Acts and subordinate statutes to each investigation report (the calculation of a surcharge on the modification of the time of purchase of phiphonephones, appending monetary details, attaching a response to a request for appraisal to a suspect's hair, as a result of confirmation of the telephone conversations between the suspect and G;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. for Criminal Facts, Article 60 (1) 2, Article 4 (1) 1, and Article 4 (1) 3 (b) of the Narcotics Control Act, Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the same Act, Article 30 of the Criminal Act, each decision of imprisonment with labor;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.