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(영문) 대구지방법원 2019.09.26 2019고단3400
마약류관리에관한법률위반(향정)
Text

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

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

Reasons

Punishment of the crime

On January 12, 2018, the Defendant sentenced the Daegu District Court to one year for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the above punishment on June 28, 2018.

Even if the Defendant was not a person handling narcotics, he dealt with the psychotropic drugs-related Mesofts (one philopon; hereinafter “philopon”).

1. On August 1, 2018, the Defendant received Handphones: (a) around 14:00, the Defendant delivered B, without compensation, the volume of Handphones in the trade in the two Dongs of Daegu-gu Seo-gu, Daegu-gu, and received Handphones.

2. At around 17:00 on June 23, 2019, the Defendant administered phiphones by inserting approximately 0.07 gopon into a single-use injection machine, dilution with water, and injection with his arms.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B;

1. Written statement of the prosecution and the prosecutor’s seal;

1. Test results;

1. Report on investigation (calculated as a suspect A additional collection charge);

1. Investigation report (the results of analysis of all accompanying materials on the details of telephone calls and the details of telephone calls);

1. Records of seizure and the list of seizure;

1. Previous records of judgment: Application of criminal records, inquiry reports (case during the suspect A proceeding, inquiry into confinement, previous records and confirmation) and statutes;

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 the relevant criminal facts and the Selection of Punishment;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Scope of recommendations based on the sentencing guidelines for reasons under the proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection;

(a) Class 1 crime [Determination on the Violation of the Act on the Control of Narcotics, etc. (referring to the determination of types)]. Narcotics crimes: Trading, arranging, etc. (Type 2] marijuana and perfumes;

Items c) and c.

The aggravated factors of trees, etc. [Special Convicts] aggravated factors: the area of aggravation of the same criminal records (not less than three years of suspension of execution) [the area of recommendation and the scope of recommendation], one year to four years of imprisonment.

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