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(영문) 대구지방법원 2017.02.10 2016고단6374
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On September 20, 2016, around 20:30 on September 20, 2016, the Defendant purchased philophones with a cash of KRW 300,000,000 in cash from E, which was known through the introduction of D, and purchased the Melosophops (one name “philophone”, and “philoopon”) to E, which is a local mental medicine.

2. On September 20, 2016, the Defendant administered philophones by inserting the volume of philophones into a single-use injection machine, dilution with the Defendant’s arms, around 21:30 on September 20, 2016, at around 605 Dong-gu, Daegu-gu, 602, and 602 on philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Each protocol of seizure, examination result, response to a request for appraisal, investigation report (CCTV verification), investigation report (Analysis, etc. of mobile phone call details) or application of video-related Acts and subordinate 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. for the Prevention of Criminal Facts and the Selection of Sentence 3, Article 60 of the Act on the Management of Narcotics, Etc. (Selection of Imprisonment with prison labor);

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 stay of execution (The following conditions of sentencing shall be considered as favorable among the reasons for sentencing);

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of applicable sentences under the law] : (a) 3 types of crimes [a ] from 1 month to 15 years of imprisonment ; (b) ; (c) ; (c) ; and (b) ; (c) ; (b) ; the person subject to special sentencing ; (c) - the mitigated area / the mitigated area / [a person subject to general sentencing] from 6 months to 1 year / 6 months / [a person subject to general sentencing / [a person subject to general sentencing] - the previous offense of the same kind of aggravated element and (a) more than 3 years to 10 years of suspended sentence) or the second offense of this category of repeated crime / [a type of narcotics] / [a person subject to special sentencing, such as marijuana; (b) ; (c) - a person subject to special mitigation - purchase for the purpose of medication and simple possession.

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