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(영문) 대구지방법원 2018.11.22 2018고단4460
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

Punishment of the crime

Defendant is not a narcotics handler.

1. On January 2018, the Defendant: (a) conspired with B on January 1, 2018, the Defendant administered a penphone in collusion with B; (b) on January 1, 2018, 2018, 2000 won, which was 40,000 won or less, purchased from a seller of narcotics, etc. who could not know the name he/she became aware of via the Internet; and (c) on January 1, 2018, 2000 won, the Defendant and B administered one penphone, respectively.

2. On July 2018, the Defendant: (a) in collusion with B on July 23, 2018, the Defendant administered a philopon in a manner that, on the following occasions, he/she purchased a 2 million won philopon from the seller of narcotics, etc. who could not know the name he/she became aware of via the Internet around July 23, 2018; and (b) one philopon purchased from the seller of narcotics, etc. who purchased 2 million won philopon, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. A report on internal investigation (the result of a request for appraisal - its reproduction) and a report on narcotics appraisal;

1. Investigation report [the investigation of narcotics sellers and merchant ships], photographs;

1. Application of Acts and subordinate statutes to a criminal investigation report (calculated as a suspect A additional collection charge);

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act concerning facts constituting an offense, and Article 60 (1) 3, Article 4 (1) 3, and Article 2 of the Act on the Management of Narcotics, Etc., which are the choice of 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. Criteria for sentencing reasons in the proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection;

(a) The number of self-denunciation in the mitigation area (from June 1 to June 1) of the category 3 (referred to as "special mitigation area"), such as medication, simple possession, etc. of each violation of the Act on the Control of Narcotics, Etc. (referring to the scope of punishment recommended), and the mitigation area (referring to the items (b) and (c) of the said items);

B. The scope of final sentence due to the aggravation of multiple crimes: the fact that the Defendant voluntarily surrenders to the sentence that was sentenced from June to February, the fact that the Defendant approved the crime, and there is no record of punishment for the same crime.

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