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(영문) 대구지방법원 안동지원 2016.04.08 2015고단874

마약류관리에관한법률위반(향정)

Text

1. The punishment of the accused shall be four months of imprisonment;

2. 50,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[criminal history] On September 12, 2013, the Defendant was sentenced to a suspended sentence of one year and two months for a violation of the Narcotics Control Act in the Incheon District Court, and on July 24, 2015, the Defendant was sentenced to one year and two months for a violation of the Narcotics Control Act in the Daegu District Court, and the judgment became final and conclusive on August 1, 2015.

[Criminal facts] The Defendant is not a narcotics handler

1. From March 14, 2015 to around 21:30 on the same day, the Defendant: (a) received KRW 500,00 from a person in a name in the name in the middle door, who became aware of the introduction to B in front of the sixth-story guest room in the Dong-si 22:03 on the same day; and (b) sold 0.06 g or 0.09 g or 0.09 g of a flapop (one philopon) a local mental medicine, which is a native mental medicine, by receiving KRW 0.06 g or 0.09 g.

2. The Defendant received mephones from B at the same time and at the same place as above 1, approximately 0.03 g of Metropha, which is a very low local mental medicine in paper.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police officer under B;

1. Protocols of seizure, list of seizure and evidence of seizure;

1. Report on the total list of seized articles, written opinions, and investigation results;

1. Each investigation report (in filing of court rulings B, reporting on attachment of prices of cancer transactions for narcotics, etc.) and accompanying materials;

1. Each investigation report (the location of the base station at the time of committing a crime among the telephone details of a suspect -2, photographic and contact information stored in the seized suspect's cell phone -2, and analysis data of telephone conversations details);

1. Data on the analysis of B telephone call details, photographs and telephone call details by capturing contact numbers of B mobile phones;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, each criminal investigation report (to file a criminal suspect's judgment, a binding of the criminal suspect's judgment, a concurrent offense after Article 37 of the Criminal Act,

1. Article 60 (1) 2 and Article 4 (1) 1 of the Act on the Management of Narcotics, Etc., for the sake of facts constituting an offense, and Articles 60 (1) 2 and 4 (1) 1 of the same Act (or choice of imprisonment);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.