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(영문) 대구지방법원 2016.04.29 2016고단661
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Defendant is not a narcotics handler.

1. On October 11, 2015, the Defendant received approximately 0.03 g of a single cronon, which is a part of a single cronon, and a cronon, which is 0.03g of a single cronon, from E, within the E-car parked near the restaurant located in Daegu-gu Dong-gu Seoul Metropolitan City (D) around October 1, 2015.

2. The Defendant administered philophones by dilutioning approximately 0.03g of philophones contained in a single-use injection device received as described in paragraph 1 at the time, place, and at the same time and place as described in paragraph 1, and injection of philophones into Defendant’s arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of E in the protocol of interrogation of the suspect against the accused by the prosecution;

1. Statement of E in the police interrogation protocol for the accused;

1. Copy of the police statement made to F;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

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. for the Prevention of Criminal Facts and the Selection of Sentence 1, Article 60 of the same Act on the Management of Narcotics, etc.

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. Article 62-2 of the Criminal Act on the observation of protection;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

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

(a) Purchase or acceptance for medication, simple possession, etc. in the mitigated area (eight months to one year and six months) of two types (marijus, flaps, flaps, c., etc.) (8 months to one year and six months), including violation of the Act on the Control of Narcotics, etc. by Handphones (the scope of recommendations), trade, mediation, etc.;

(b) Crimes of violation of the Act on the Control of Narcotics, Etc. due to the administration of phiphones (the scope of recommendations), medication, simple possession, etc.; and there is no basic area (10 months to 2 years) (a person subject to special sentencing) (a person subject to special sentencing).

(c)in accordance with the increase of multiple offenses.

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