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(영문) 대구지방법원 김천지원 2017.10.24 2017고단1081
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

10,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics, but a person handling narcotics, etc., and is not a person handling narcotics, etc., he/she shall not receive or she shall not administer a clopon (one copon; hereinafter referred to as "copon").

1. On July 17, 2017, the Defendant: (a) received philophones from the said C without compensation, and received the philophones from the said C, which were the office of the C around 17:00 p.m. D main room 303, the office of the C, and (b) approximately 0.05g of philophones contained in a vinyl paper.

2. On July 17, 2017, the Defendant was parked in the same parking lot E apartment 2 at Kimcheon-si on July 17, 2017.

F In the F SP car, as described in paragraph 1, approximately 0.05g philophones delivered by the above C were put in a disposable injection machine, dilution with water, and then administered philophones by injection to the Defendant’s left arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Written reply to a request for appraisal, and a written reply to a request for appraisal;

1. Investigation report (verification, etc. of the location of the base station at the time of committing the crime of receiving phiphonephones);

1. Application of Acts and subordinate statutes to the defendant's arms and photographs;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Application of the sentencing criteria;

(a) Cooperation in important investigations conducted in the mitigation area (from June to one year and six months), for the crimes of violation of the Act on the Control of Narcotics, Etc. (the scope of recommended punishment), for medication, simple possession, etc. (the scope of recommended punishment), for the crimes of violation of the Act on the Control of Narcotics, Etc. due to medication;

B. Purchasing or receiving for medication and simple possession (from April to one year and six months) in the area of special mitigation (special mitigation) for the crimes of violation of the Act on the Control of Narcotics, Etc. (the scope of recommended punishment) due to waterway trading, mediation, etc.

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