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(영문) 대구지방법원 2015.04.23 2014고단6088
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

400,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The Defendant, at the Daegu District Court on February 3, 2012, sentenced ten months to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (fence) and the same year.

5. On November 28, 2014, at the Daegu detention center, the sentence was terminated, and on November 28, 2014, the said judgment became final and conclusive on December 6, 2014, by having been sentenced to imprisonment for the same offense by the same court.

Defendant is not a narcotics handler.

On August 15, 2012, around 15:25, the Defendant purchased 40,000 won from the vicinity of the Busan East-gu, Busan-do, and from E, a disposable injection device containing 1g of psychotropic drugs (hereinafter “clophone”) and purchased clophones.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Entry of the accused in part of the second suspect examination protocol by the prosecution (including the entry of the E) on the accused;

1. The details of telephone conversations (60 pages, 73 pages of investigation records);

1. A previous conviction: A person’s status of confinement, confirmation of the date of final release, meeting of the summary agreement of the case, and judgment (215 pages of the investigation record) (A defendant asserts that he/she did not purchase phiphones as indicated in the facts charged in the judgment from E and only transferred phiphones without telephone. However, considering the witness E’s statement and the statement of the Defendant and the witness on the day of committing the crime, it is sufficiently recognized that he/she purchased phiphones as stated in the judgment of the defendant

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) 1 of the Act on the Control of Narcotics, etc. for Crimes; Article 35 of the Criminal Act among repeated offenders;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. (whether to apply the sentencing guidelines) does not apply the sentencing guidelines on the grounds of concurrent crimes under the latter part of Article 37 of the Criminal Act. [Determination of sentence] The fact that the defendant, even though he was in the period of repeated crimes as a same crime, again reaches the crime in this case, the quantity purchased is oneg and can be administered more than five times, and the defendant

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