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(영문) 대구지방법원 2014.07.17 2014고단1093
마약류관리에관한법률위반(향정)
Text

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

Seized evidence 3 or 4 shall be confiscated.

50,000 won from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On April 14, 2010, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Daegu District Court on April 14, 201 and completed the execution of the sentence at the Busan Correctional Institution on June 2, 201.

【Criminal Facts】

Defendant is not a narcotics handler.

1. On Aug. 2013, the Defendant purchased Handphones with a cash of KRW 500,000,000 in the vicinity of the 7th square located in the middle dong of Daegu, Seogu, and with a white paper, the Defendant purchased Handphones (one name, penphone, hereinafter referred to as “phiphones”), a psychotropic drug accumulated in a white paper.

2. At around 16:00 on the same day as Paragraph 1, the Defendant sold philophones with a large amount of 50,000 philophones purchased from D in front of a hospital near the square.

3. On February 19, 2014, the Defendant: (a) around 06:30 on February 19, 2014, carried a philophone 3.8278gg, which was granted free of charge by C, on the front day of the Fmate in Daegu-gu, Daegu, Daegu, for the purpose of sale or medication by putting each of them on a plastic paper in two plastic bags of Korean bank letter bags.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of each police suspect with respect to G, H, and D;

1. Records of seizure and the list of seizure;

1. Test results;

1. Each investigation report (the attachment of photographs of seized articles and the report on the calculation of additional collection charges);

1. Handphone photographs;

1. Previous convictions indicated in judgment: To apply inquiry reports and investigation reports (verification of the expiry date of punishment)-related Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the elective Management of Narcotics, Etc., concerning facts constituting an offense;

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

1. The aggravated area (one year and six months to four years) of Type 2 (mariju, flag b. (c., c., etc.) for the reason of sentencing in the proviso of Article 67 of the Act on the Control of Narcotics, Etc.

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