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(영문) 대구지방법원 김천지원 2017.04.28 2017고단153

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person, other than a handler of narcotics, may sell and purchase a native mental medicine, and the defendant is not a handler of narcotics.

1. On February 16, 2016, the Defendant: (a) visited the Defendant’s residence located in the Gumi-si, Si (Smi), to report on the advertisement of the product of “C”, which is a female interest product, and entered the purchase order; (b) remitted KRW 360,00 to the single bank account (Account Number E) in the name of D; and (c) received a delivery of the 12-minute of female interest product containing “C”, which is a local mental medicine, via home.

2. On March 9, 2016, the Defendant, at around 11:02 around March 9, 2016, transferred KRW 360,00 to one bank account in the name of D by the said method at the places indicated in paragraph (1) around March 9, 2016, and received a delivery of the content of a female interest group 12, which is a local mental medicine.

3. On June 7, 2016, the Defendant, at the place indicated in paragraph (1) on June 7, 2016, entered the purchase order by accessing the site listed in paragraph (1), and then remitted KRW 360,000 to a person whose name is unknown after entering the purchase order by the same method, and was issued a notice of the fact that “Cropic” contained in the “Cropic” which is a local mental medicine.

Accordingly, the defendant purchased a local mental medicine more than three times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police in relation to F and G;

1. Investigation report (attaching a photograph of the description of delivery of the red bean product to the suspect);

1. Seizure records;

1. Each response to a request for appraisal;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Relevant Article of the Act on the Management of Narcotics, etc. for the Crime and Selection of Punishment, and Articles 61 (1) 5, 4 (1) 1, and 2 subparagraph 3 (d) of the Act on the Management of Narcotics, etc. for the Selection of Punishment, and Selection of Imprisonment;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. Application of the sentencing criteria;