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(영문) 대구지방법원 안동지원 2014.11.21 2014고단713

마약류관리에관한법률위반(향정)

Text

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

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[criminal power] On May 9, 2012, the Defendant was sentenced to eight months of imprisonment for a violation of the Act on the Control of Narcotics, Etc., at the port support of the Daegu District Court, and completed the execution of the sentence on November 17, 2012.

【Criminal Facts】

1. On July 14, 2014, at around 22:00, the Defendant received 0.03 ghopon which is contained in vinyl paper from the Defendant upon his request after asking for a philophone to be administered to E, and having received 0.03 ghopon which is contained in vinyl paper.

2. On August 20, 2014, the Defendant, at around 20:0, administered G department stores in Daegu Jung-gu, Daegu-gu, by inserting them into paper cupped cups prepared in advance for 0.03g philopon from the toilets of the first floor of G department stores, and mixing them with raw water.

Summary of Evidence

1. Defendant's legal statement;

1. Response to the request for appraisal;

1. Before ruling: Application of criminal history records, inquiry reports, investigation reports, and statutes;

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 the relevant criminal facts and the Selection of Punishment;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The grounds for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (amended by Presidential Decree No. 1058, Feb. 2, 198) are as follows: (a) the basic area (one year to two years) of types 2 (mariju, natives b. (b) and c., etc.) (one year to two years) (the scope of recommendations), including medication, simple possession, etc. (the scope of recommendations), the basic area (10 to two years) of types 3 (b) and (c) (10 to two years) (the basic area (10 to two years) of the Act on the Control of Narcotics, etc.; and (b) the scope of final sentence due to multiple aggravated crimes (one year to three years): the defendant committed the same crime during the period of repeated crimes for the same kind of crime; and (c) it is difficult for the defendant to escape from punishment

In addition to the above unfavorable circumstances, Article 51 of the Criminal Act, such as the fact that the defendant has recognized his crime and appears to reflect his attitude, and the amount of phiphones received and administered.