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(영문) 대구지방법원 김천지원 2012.11.22 2012고단746

마약류관리에관한법률위반(향정)

Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. 4,300,000 won shall be collected from the defendant.

Reasons

Punishment of the crime

A person other than a person handling narcotics shall not trade, assist in the trade of, give or receive, possess, use, control, prepare, administer, provide, etc. psychotropic drugs.

Nevertheless, the defendant is not a person handling narcotics,

1. On May 2012, 201: (a) around 20:0, 200 on the roads between the National Agricultural Cooperative Co., Ltd. and the Defendant’s Health Center (“D”); (b) receive approximately KRW 2,00,000 in cash from E, and receive approximately 5g of psychotropic drugs from E, namely, psychotropic drugs;

2. Around 12:00 on May 25, 2012, at the foregoing location, at approximately KRW 1.9 million in cash to E, and approximately 5 g of philopon, delivered from E;

3. On July 6, 2012, around 20:30, at the first floor of the F Hospital in Daegu-gu, Daegu-gu, the 400,000 won in cash was delivered from E with approximately 0.7g of philophones in a single-use injection machine.

Accordingly, the Defendant purchased psychotropic drugs three times in total.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning E;

1. 범죄정보 입수 및 내사착수보고, 수사보고(피내사자 인적사항 확인) 및 첨부된 A 사진ㆍ사건조회, 수사보고(통화내역 확인) 및 첨부� 휴대전화 통화내역 법령의 적용

1. Article 60(1)3, Article 4(1), Article 2 subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201; hereinafter the same shall apply), Articles 60(1)3, 4(1), and 2 subparag. 4(b) of the Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201; hereinafter the same shall apply), Articles 60(1)2, and 4(1), and 2 subparag. 3(b) (the occupation of trading psychotropic drugs at the

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

1. Reasons for sentencing of the proviso of Article 67 of the former Act on the Control of Narcotics, Etc. and the proviso of Article 67 of the Narcotics Control Act [the total value of 4,300,000 won on each page page] [the scope of recommending sentence].