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(영문) 대구지방법원 포항지원 2021.02.10 2020고단1539

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant, who is not a narcotics handler, shall not sell, sell or administer mechographs (one philophone (one philophone; hereinafter referred to as “philophones”) which are a local mental medicine.

1. On October 30, 2020, around 08:17, the Defendant transferred KRW 100,000 to D’s name Kakao Bank account (E) from the 31st floor located in Busan District, Busan District, and D had D put approximately 0.03g of philop in the F-based mail on the first floor located in the above residence, and traded philop in a way that the Defendant received it.

2. At around 11:00 on October 30, 2020, the Defendant administered phiphonephones by melting approximately 0.03g of phiphones purchased from D with paragraph 1 at the small room of his residence located in Busan District Office C building F, Busan District.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police station against D;

1. Police seizure records;

1. The details of each currency, the Kakao Stockholm course photograph;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 60(1)2, 4(1), and 2 subparag. 3(b) of the Act on the Management of Narcotics, Etc. and Selection of Punishment for Criminal Facts, and Selection of Imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation and orders to attend lectures under Article 62-2 of the Criminal Act;

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

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

1. The scope of punishment by law: Imprisonment for one month to fifteen years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 Crimes [Determination of Violation of the Act on the Control of Narcotics, Etc.] / [Determination of Type] / 01. Medication, simple possession, etc. [Type 3] b. and Item c. [No person subject to special sentencing] [the territory of recommendation and the scope of recommendation] basic area, 10 months to 2 years [no person subject to general sentencing]

(b) crime 2.