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(영문) 대구지방법원 김천지원 2018.03.28 2017고단1755
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

No person, other than a narcotics handler, shall me administer, receive, or possess trophographs (one philopopon; hereinafter referred to as "philopon"), which are a local mental medicine.

1. The same year as elapsed on January 31, 2017;

2. 4. The Defendant, who administered phiphones, is not a person handling narcotics, etc., with the lapse of January 31, 2017.

2. 4. Between the bordering, the Defendant’s residence was administered in Echeon-si C by means of scoponing the scopon from among the scopons in possession of the scopons received from the scopon D in the beer.

2. The same year as elapsed on February 23, 2017.

2. 26. The Defendant, who administered phiphones, is not a person handling narcotics, but the same year from around February 23, 2017.

2. By the end of 26.2, the Defendant’s dwelling area administered the philophones by hanging the scopon among the philophones in the beer with the scopon, which were issued by the said D.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Police seizure records;

1. A letter of appraisal of narcotics;

1. Details of call calls used by the defendant's mobile phone and application of the statutes of the station of the call call;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Articles 60 (1) 2 and 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. for which the punishment is selected, and the choice of imprisonment for a crime, 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. The main sentence of Article 62 (1) of the Criminal Act;

1. The observation of protection and the community service order under Article 62-2 (1) 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. One month to fifteen years from the date of imprisonment with prison labor for a prison labor in law; and

2. Application of the standard for sentencing [Determination of types] (Determination of types] of subparagraph 3 (b), (c) and simple possession, etc. of narcotic drugs] basic area [Determination of the recommended area] [Scope of punishment] from 10 months to 2 years [general person subject to sentencing] aggravated factors of punishment - previous conviction of the same kind (a suspended sentence of more than 3 years but less than 10 years) [the result of multiple aggravated crimes].

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