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(영문) 대구지방법원 2015.06.12 2015고단1404
마약류관리에관한법률위반(향정)
Text

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

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 person handling narcotics.

1. On November 6, 2014, at around 19:00, the Defendant received delivery of 0.2g of psychotropic drugs from C, a shipbuilding yard, at least 2203 apartment B in Jung-gu, Jung-gu, D, C, for a psychotropic drug, 0.2g of psychotropic drugs.

2. On November 7, 2014, at around 19:00, the Defendant, at the Defendant’s residence located in the Chinese Afforestation (hereinafter “China”) around 19:00, displayed two strings as soon as possible at the growth disease of the Defendant, and opened approximately 0.05 g of the string at the end of one string of the strings, and administered the string in a way of inhaled as soon as possible as the other side.

3. On November 8, 2014, at around 19:00, the Defendant, at the dwelling of the Defendant in the above D, posted two strings as soon as possible at the back of the string, sticking two strings at the back of the string, and injected the strings in a manner that inhales the smoke that occurs as soon as the other side as possible.

Summary of Evidence

1. Defendant's legal statement;

1. Report of investigation (a copy of suspect interrogation protocol E and a response to training), copy of statement, protocol of interrogation, copy of protocol of interrogation, request for appraisal, inquiry report, investigation report (calculated with additional charges), application of Acts and subordinate statutes governing trends in narcotics during the month;

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., concerning facts constituting an offense, and the selection of a sentence, respectively;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act;

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

1. Scope of the recommended sentence according to the sentencing guidelines [the scope of each recommended sentence] : 3 types of medication, simple possession, etc. (10 months to 2 years from 10 months to 2 years) (the scope of the final sentence due to the increase in multiple offenses) that have no basic area (10 months from 10 months to 3 years] (the scope of the punishment following the increase in multiple offenses] 10 months to 13 years;

2. Determination of sentence:

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