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(영문) 대구지방법원 2020.05.27 2020고단456
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Even if the Defendant is not a narcotics handler, he handled psychotropic drugs-related psychotropic drugs-related Mesofts (one philopon; hereinafter “philopon”).

1. The Defendant: (a) received a written request from a lander B to purchase a phiphone; (b) purchased a phiphone with payment of KRW 1600,000 in cash from the lander on the front of the Daegu Dong-gu, Daegu-gu, and KRW 10,000,000 on November 17, 2019; and (c) purchased a phiphone with approximately 10,000 g of phiphones.

2. At around 18:00 on November 30, 2019, the Defendant administered philophones by means of drinking 0.03g of philophones on the water at the studio located in Goyang-dong, Manyang-si, Goyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Written reply to a request for appraisal, and a narcotics appraisal report;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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

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

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime [Violation of the Act on the Control of Narcotics, etc. (Determination of Pronouncement)] (Article 1 of the Act on the Control of Narcotics). Medication, simple possession, etc. (Type 3) of narcotics;

Items c) and c.

Title [Special Convicts] None [The area of recommendations and the scope of recommendations] basic area, 10 to 2 years of imprisonment

(b) Class 2 crime [Violation of the Act on the Control of Narcotics, etc. (Determination of Punishment)] (Determination of Punishment of Narcotics, etc.]. Trade, good offices, etc. (Type 2] marijuana and perfumes;

Items c) and c.

There is no special person [the area of recommendation and the scope of recommendation], and imprisonment.

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