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(영문) 대구지방법원 포항지원 2017.10.25 2017고단1110
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

650,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On July 2017, the Defendant purchased approximately KRW 0.5g of 13:00,000 from the line E, which was known to ordinary people, a local mental medicine, from the line E, for approximately KRW 550,00,00, the Defendant purchased from the line E, which was known to ordinary people, for a local mental medicine.

2. The Defendant administered approximately 0.1g of the penphonephones purchased, as described in paragraphs 1 and 1, at the time of port in the territory of the Defendant, at around 17:00 on the same day, at the time of the residence of the Defendant, at around 17:00, in a crophone, in a cromatic method, at the coffee.

3. On July 22, 2017, the Defendant sold to 400,000,000 won of philophonephones purchased, as described in paragraph 1, in the vicinity of H located in North Korea-gu G at the port of Mapo-si.

4. On August 13, 2017, the Defendant purchased 100,000,000 phiphones from E as referred to in paragraph (1) to Gelto subsequent to Kelto in Daegu-gu, Seogu, Daegu-gu.

5. On August 14, 2017, the Defendant administered the philoopon’s non-copon volume purchased, as described in paragraph 4, at K 305, and paragraph 4, in a way of scoping it to a coffee.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning suspect interrogation of E by the prosecution;

1. Copy of the protocol concerning suspect examination of the police officer regarding I;

1. A statement on narcotics appraisal;

1. Details of deposit transactions and application of each Act and subordinate statutes on financial transaction information;

1. Relevant legal provisions and Articles 60(1)2, 4(1) and 2 subparag. 3(b) of the Act on the Management of Narcotics, Etc., for the Prevention of Criminal Facts, and Selection of Imprisonment with prison labor for each of the following:

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

1. Crimes Nos. 1 and 2 of the grounds for sentencing under Article 334(1) of the Criminal Procedure Act (amended by Act No. 334(1) of the Criminal Procedure Act / [the scope of recommended punishment] Trading, referral, etc. of the sentence, and crimes No. 3 of significant cooperation in investigation conducted in the mitigation area (from August to one year and six months), / Special mitigated persons).

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