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(영문) 대구지방법원 2018.12.06 2018고단4970
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

Defendant is not a narcotics handler.

1. On March 2, 2018, the Defendant purchased philophones by taking approximately 10 grams of Mesophical drugs (one philopon; hereinafter “philopon”) from F in return for receiving approximately 10 grams of Melopon, a local mental medicine, from F, in return for purchasing philopons in cash from F.

2. Medication of phiphones.

A. On March 2, 2018, the Defendant administered philophones in a guest room of “H hotel” located in Daegu-gu G, Daegu-gu, by heating the philophones into a stringer with the stringer, and then inhaleing the smoke into a co-house.

B. On May 2018, 2018, the Defendant administered the chophones by heating the amount of shotphones on the croud 203, Daegu Dong-gu, Daegu-gu, and then inhaleing it into the croud.

Summary of Evidence

1. Statement by the defendant in court;

1. A written protocol concerning the examination of the accused by the prosecution (including the F part concerning the statement);

1. Statement by each prosecutor's office with respect to F (including the J's statement);

1. Statement made by the prosecution to K;

1. A statement on narcotics appraisal;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of the details of call call of a suspect), a criminal investigation report (Attachment of some of the details of call call of a suspect temporarily when the crime is committed), and a criminal investigation

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The crime of this case is committed in favor of the defendant that the defendant purchased philophones once and purchased philophones twice in light of the quantity of the philophones purchased, the frequency of the crime, etc., and that the crime is not less exceptionally: all late.

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