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(영문) 대구지방법원 2017.07.13 2017고단2915

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Seized evidence Nos. 1 and 2 shall be confiscated.

From the defendant, 200.

Reasons

Punishment of the crime

[Criminal Records, etc.] The Defendant was sentenced to one year to imprisonment with labor for a violation of the Narcotics Control Act at the Daegu District Court on June 19, 2015 and completed the execution of the sentence on April 20, 2016, and is not a narcotics handler.

[Criminal facts]

1. On March 22, 2017, the Defendant purchased penphones by receiving approximately KRW 0.5g of 20,000 in cash from D, Daegu C and 201, the residence of which was around 21:40,000, from the Defendant, the Defendant purchased penphones by delivery of approximately 0.5g of Handphones (one penphone; hereinafter “Handphones”).

2. Medication of phiphones.

A. On April 2017, at around 22:0, the Defendant administered philophones in a way that scopons approximately 0.03g of philophones on beer at the place indicated in paragraph 1 at around 22:0.

B. On May 11, 2017, at around 20:00, the Defendant administered phiphones by inserting approximately 0.03g of phiphones into a single-use injection machine, dilution with bio-biologicals, at the places described in paragraph (1).

3. On May 15, 2017, the Defendant carried approximately 0.23g of Handphones in front of the place indicated in paragraph (1) around 12:00, in front of the place, the Defendant carried approximately 0.23g of Handphones on the left part of the plastic bag, and carried a penphone by inserting approximately 0.20g of Handphones in the book located inside the Defendant’s residence as indicated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Appraisal reports on narcotics, each seizure protocol, photophonephones and investigation reports (report on the calculation of additional collection charges);

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, personal confinement status, and application of the judgment text;

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., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. One crime (narcotics) for reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. for Additional Collection (the scope of recommended sentences).