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(영문) 대구지방법원 2017.02.02 2016고단6144
마약류관리에관한법률위반(향정)
Text

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

6,100,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant is a Thailand and is not a narcotics handler.

1. Sale;

A. On July 16, 2016, at around 18:00, the Defendant sold a single-name “YY” (hereinafter referred to as “YY”) and a single-use drug mixed with a single-use drug consisting of D factories located in Yangju-si, Gyeonggi-do, and 1.2 million won in cash from E, and a single-use drug, a local mental medicine medicine, and a single-use drug.

B. On August 29, 2016, around 19:30 on August 29, 2016, the Defendant sold 80,000 won in cash from E before the aforementioned D factory, and sold 20,000 won in cash.

(c)

On August 30, 2016, the Defendant, around 19:30, sold 80,000 won in cash from E in front of the above D factory, and sold 20,000 Y.

2. On September 13, 2016, the Defendant purchased 3,300,000 won in cash to the name-free Thailand (F) in front of the dormitory of the above D factory at night and around September 13, 2016, and then purchased 100 fests.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol of suspect interrogation of each police officer regarding E;

1. A statement on narcotics appraisal;

1. The currency content with F, and the phone call content of a suspect;

1. Photographs;

1. Each investigation report (the indictment and attachment of judgment attached, the place of sale and the place of work of the person under consideration);

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

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc. under the relevant Act concerning criminal facts, and the selection of imprisonment, 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. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. A crime falling under Category 1 of the sentencing guidelines (the scope of a recommendation) is a crime falling under Category 2 (the scope of a punishment) without the basic area (1 to 2 years) (1 to 2 years), including trading, arranging, etc. (the scope of a recommendation), Category 2 (the scope of a punishment, 1 to 2 years) in the basic area (1 to 2 years) in the basic area (1 to 3 (the person subject to special sentencing).

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