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(영문) 대구지방법원 2014.12.12 2014고단3969

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for two years.

9 million won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On April 14, 2010, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Daegu District Court on April 14, 201 and completed the execution of the sentence in the Busan Correctional Institution on June 2, 201.

Defendant is not a narcotics handler.

1. On August 13, 2013, at least 22:30 on August 13, 2013, the Defendant received KRW 3.5 million from L in front of the East-gu New Cancer, from L, and distributed approximately 10 g of psychotropic drugs, which are psychotropic drugs in plastic bags and plastic bags, via the aforementioned L, sold oponphones to M and N by having M and N deliver approximately 10 g of psychotropic drugs (hereinafter “coponphones”).

2. On August 28, 2013, around 17:00, the Defendant: (a) received KRW 3 million from L to L from the South-dong post office located in Daegu-gu, Busan-dong; and (b) delivered approximately 10 g of L to L with approximately 10 g of phiphones, and sold phiphones.

3. At around 23:40 on September 15, 2013, the Defendant: (a) delivered a disposable injection device containing approximately 0.35 g of philopon to O via L in the park of Paragraph (1); (b) delivered 3.50 thousand won of O’s philopon purchase price from L to O; and (c) sold philopon to O.

4. On September 24, 2013, at around 21:00, the Defendant: (a) received KRW 3 million from L from L in a park; and (b) delivered approximately 10g of phiphones to L; and (c) sold phiphones.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness P and M;

1. Each police suspect interrogation protocol concerning L;

1. Statement of the police about P;

1. The second police statement concerning L;

1. Copy of the transaction of passbook;

1. Case detailed inquiry or judgment (Evidence Nos. 16);

1. Investigation report (verification of details, etc. of theA and L);

1. Previous convictions in judgment: Application of the Acts and subordinate statutes as a result of inquiry and inquiry and search of prisoners;

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. The former part of Article 37 of the Criminal Code among concurrent crimes.