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(영문) 대구지방법원 2018.09.07 2018고합314

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

On January 1, 2017, at the office of “D” located in Daegu-gu, Daegu-gu, the Defendant issued two lux tobacco ‘two (1.04g)’ free of charge (1.04g) to E, “E” and “AM non-FUBINAAAAA” which is a local mental medicine medicine, and “AM-B-FUAAAAAA” which is mixed with tobacco tobacco in the tobacco base.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol concerning the interrogation of suspects of the accused and E by the prosecution;

1. Each police statement made to F and G;

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes to a response to a request for appraisal, a written appraisal of narcotics, and a report on internal investigation (in relation to attachment of attachment 3 of the Enforcement Decree of the Narcotics Control Act, attachment of b

1. Article 58 (1) 3, subparagraph 5 of Article 3, and subparagraph 3 (a) of Article 2 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense (selected to imprisonment with labor for a period of time);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the grounds for sentencing).

1. The reason for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing as follows)

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to 15 years;

2. Scope of the recommended punishment according to the sentencing guidelines [the types of determination], the purchase or delivery for medication, simple possession, etc. (the scope of the recommended punishment] of types 3 (narcoticss, adromaticsa, etc.) (the special mitigated persons), and the area of mitigation of the punishment: Two years and six months to five years.

3. Determination of sentence: Imprisonment with prison labor for 2 years and 6 months, and 3 years of suspended execution, the Defendant delivered and received a new type of narcotics, etc., which is called ‘bred tobacco', to another person without compensation.

In light of the fact that the crime related to narcotics is highly likely to harm the health and social safety of the people, and in particular, the “bred tobacco” issued by the Defendant is a highly addicted and highly harmful kind of narcotics, etc., the nature of the crime of this case is very bad.

However, the defendant commits a crime.