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(영문) 대구지방법원 2020.08.19 2020고단799

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. 메스암페타민(일명 필로폰, 이하 ‘필로폰’이라고 함) 매수 피고인은 2020. 1. 10. 대구 남구 B에 있는 ‘C’에서, 스마트폰 어플리케이션 ‘위챗’으로 알게 된 성명불상자에게 15만 원을 주고 필로폰 0.5g을 건네받아 이를 매수하였다.

2. Medication of phiphones.

A. On January 20, 2020, the Defendant administered philophones by inserting 0.03g of philophones into the Defendant’s house located in Busan Metropolitan City D, i.e., one-time injection, dilution, and giving them injection to arms blood cells.

B. At around 04:00 on January 21, 2020, the Defendant administered phiphones by inserting 0.03g of phiphones into a single-use injection machine, dilution with raw water, and administering phiphones in a way of injecting them into the blood transfusion.

Summary of Evidence

1. Defendant's legal statement;

1. A detailed statement on processing reported cases, and a statement on narcotics appraisal;

1. The police seizure report, the evidence seized under subparagraph 3;

1. Each photograph: The “Medication”, “Medication and storage book, disposable injection machine, etc.”, and “Seizure articles”;

1. Application of Acts and subordinate statutes to report on prosecution investigation;

1. Article 60 (1) 2 of the Act on the Control of Narcotics, Etc. and Article 4 (1) 1 of the same Act and subparagraph 3 (b) of Article 2 of the same Article (Selection of Imprisonment) of the Act on the Control of Narcotics, Etc.;

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

1. Article 62 (1) of the Criminal Act;

1. Article 60-2 of the Criminal Act on Probation and Order to Attend Courses;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing criteria (decision of types): 01. Medication, simple possession, etc. (Type 3) of narcotics crimes;

Items c) and c.

Title [Special Convicts] - Reduction element: Self-denunciation [The area of recommendation and the scope of recommendation], reduction range, six months to one year and six months (the general person) shall be suspended.