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(영문) 대구지방법원 2019.08.13 2019고단3106

마약류관리에관한법률위반(향정)

Text

Defendants shall be punished by imprisonment for not more than two months.

Defendant

A KRW 1,700,000 from Defendant B, and KRW 1,200 from Defendant B.

Reasons

Punishment of the crime

1. The Defendants are not authorized to handle narcotics, as they live together with each other.

On January 30, 2019, the Defendants received 300,000 won out of the total amount of 1.2 million won from Thailand E, F, and G, and 1.2g the remainder of 90,000 won were later paid to them. The Defendants were able to sell psychotropic drugs-related Melopons (hereinafter “philopon”). On January 30, 2019, at the front of the D Factory located in the Glopdong-gun, G around the 1.2g of the Melopon.

Accordingly, the Defendants conspired to sell philophones.

2. On February 1, 2019, Defendant A received KRW 500,000 from the I factory located in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the name of the Thailand and sold a 1g of the phiphonephone to that person.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to the police interrogation protocol to E, F, G, and J;

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts, Article 30 of the Criminal Act;

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

1. According to the reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc., the sentencing conditions indicated in the records of the instant case, such as the age, character and conduct, family relation, family relation, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined as ordered by taking into account equally

The favorable circumstances: The defendants are aware of the facts of the crime and repent of the mistake. However, the defendants are already sentenced to a considerable amount of punishment for the same crime and are faced with the appellate judgment, and the punishment should be taken into account together: the defendants' crime is an act of selling phiphones, and the responsibility for the crime is uncomponing.