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(영문) 대구지방법원 김천지원 2013.04.10 2013고단205

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

50,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

No person, other than a person handling narcotics, shall trade, administer, or administer psychotropic drugs.

Nevertheless, the defendant is not a person handling narcotics,

1. On July 10, 2012, with C, purchase approximately 0.3g of cash 400,000 won from the above person who was dissatise of the name card (hereinafter referred to as “satisephone”) parked on the front road in Daegu Suwon-gu E (hereinafter referred to as “G”), in collusion with C, within the passenger car of the person who was parked in the name card (hereinafter referred to as “satisephone”), from the person who was dissatise of the name card;

2. Medication, on February 23, 2013, around 23:00, in the manner of inhaleing approximately 0.05g of scopon from the Defendant’s home located in H apartment B, Daegu Northern-gu, Daegu-gu, 508 to co-in;

3. On March 4, 2013, around 23:00, the Defendant’s house administered approximately 0.05 g of philophones by dilution with beer, and then administered them by dilution with beer.

Accordingly, the Defendant administered psychotropic drugs in two times, and sold them one time in collusion with C.

Summary of Evidence

1. Defendant's legal statement;

1. Part C of the protocol of interrogation of the accused by the prosecution

1. Each prosecutor's interrogation protocol concerning C and D;

1. Each prosecutor's statement concerning D and C;

1. Each investigation report (as to a report on the market price and the amount additionally collected at the market price of the Mestopopic, and the time and result of appraisal of the phiphone medication);

1. Application of Acts and subordinate statutes to requests for appraisal, reply and written appraisal;

1. Imprisonment with prison labor under Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Narcotics Control Act, Article 30 of the Criminal Act, Article 60 (1) 2, and Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., and each choice of imprisonment with prison labor;

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

1. Crimes of violation of the Act on the Control of Narcotics, etc. (determination of types), such as sale, purchase, arrangement, etc., (determination of types), as indicated in the judgment of sentencing in the proviso of Article 67 of the Act on the Control of Narcotics, Etc.; and

Items c) and c.

Determination of the scope of recommendations and recommendations, such as item(s).