beta
(영문) 대구지방법원 2015.09.11 2015고단3229

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

1.60,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

1. On April 2015, the Defendant administered 0.03g of psychotropic drugs, purchased at the Internet’s residence of the Defendant, Daegu Suwon-gu, 102 Dong 108, 102, and 108,000 won, using the Internet, in a method of sending approximately 0.03g of psychotropic drugs to coffee.

2. On May 3, 2015, the Defendant administered copon administered 0.03 gramphonephones purchased from a person not related to his/her name through the Internet at events in the Dosan Park in Daegu Suwon-gu, a coffee, in a way of hanging them to a coffee.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Application of each of the Acts and subordinate statutes described in the protocol of seizure and the list of seizure, test results, response to requests for appraisal, investigation report (verification of the location of the base station at the time of medication of Aoponphones), telephone details extracted;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the selection of a punishment, respectively;

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

1. Additional collection of the grounds for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. [the scope of punishment under law] 1 to 15 years of imprisonment / [the scope of punishment ] 3 types of crimes such as medication, simple possession (b) and (c) / 10 to 2 years) / [the scope of recommendation / the scope of punishment ] 3 types of basic areas (b) and (c) / 10 to 2 years of punishment] / the scope of final sentence due to multiple crimes without any special person / 10 to 3 years of punishment: the defendant was sentenced to imprisonment for the same kind of crimes as the violation of the Act on the Control of Narcotics, etc. at the Daegu District Court on May 19, 201, and was punished several times, including imprisonment for the same kind of crimes.