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(영문) 대구지방법원 2019.08.20 2019고단3436

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is not a person handling narcotics.

The Defendant: (a) concealed a psychotropic drug, psychotropic drugs, at a certain place; (b) conspired with B, to sell phiphones with so-called “malon method,” which is a method of recovering camphones, if the buyer asks the buyer of the place of concealment of phiphones; and (c) the buyer collects the price from the camphones; and (d) sold camphones.

B around March 2019, after advertising the sales of philophones via the Internet, informed the buyer C of the place where philophones are concealed, and the Defendant brought about approximately 0.4g of philophones concealed by C, and brought about KRW 400,000 of the price of philophones affixed at that place, in front of the D parking lot in Sungnam-gu, Sungnam-si.

Accordingly, the Defendant conspired with B to sell philophones.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (afixix of photographs: Submission of suspects C);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act concerning facts constituting an offense, and Article 60 (1) 3, Article 4 (1) 1, and Article 2 of the

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of the recommended sentence according to the sentencing criteria (decision of type): 02. Sale, purchase, mediation, etc. (Type 2) marijuana and perfutation;

Items c) and c.

Measures to mitigate, such as wood, etc. (Special Punishments): Where there are extenuating circumstances in relation to the commission of a crime or motive of a crime (the scope of the recommended area and the scope of the recommended punishment), the scope of mitigation, and August through January 16.

2. Determination of sentence: Imprisonment with prison labor for one year, two years under the suspension of execution, and the age, occupation, character and conduct, environment, motive, means and consequence of the crime;