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(영문) 대구지방법원 2017.12.07 2017고단4985
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On March 24, 2015, the Defendant provided a penphone with approximately 0.03 g of Mesofts (one name “philopon”; hereinafter referred to as “philopon”), which is a local mental medicine, which was sent to E, from the guest room in the number of Dolopies located in Daegu-gu Office C around 21:00 to the end, at around March 24, 2015.

2. On March 8, 2016, the Defendant: (a) provided G lent 305, the Defendant’s residence in Daegu-gu F, Daegu-gu, on March 8, 2016, with approximately 0.03g of philopon, which was flopon flopon flopon flopon flopon flopon flopon flopon flopon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor to H and E;

1. An appraisal report on each drug, a request for provision of communication confirmation data, and the details of each currency;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The scope of final sentence due to the aggravation of multiple crimes for which no basic area (1 to 2 years) exists (1 to 3 years) of the two types (1 to 3 years) of the Act on the Control of Narcotics, Etc. for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the scope of recommendations / 1 to 3 years), including the sale, purchase, brokerage, etc. (the scope of punishment / 1 to 2 years) of the Act on the Control of Narcotics, Etc., was committed repeatedly with the instant crime in which the Defendant had been punished for the same kind of crime, but the Defendant had a record of being punished for the same crime, provided a phone without compensation to others, and the fact that the investigation

However, there are favorable circumstances such as the defendant's acknowledgement of the crime of this case against the mistake, voluntary attendance at the investigation agency, simple grant, and the fact that there is no record of imprisonment with prison labor for the same crime after around 201.

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