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(영문) 대구지방법원 서부지원 2017.10.19 2017고단1715
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

250,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection.

Reasons

Punishment of the crime

No person, other than a narcotics handler, shall possess, possess, use, transport, manage, import, export, manufacture, administer, administer, deliver, receive, trade, assist in the trade of, or provide narcotics or psychotropic drugs.

1. On March 3, 2017, the Defendant purchased 22:00 square meters from D’s first-come date to KRW 50,00,00 from D’s E-gu head of the party headquarters in the Defendant’s type D operation, and from D 0.14g from D.

2. The Defendant administered 0.07 g of Metetopian purchased from D, as set out in paragraph 1, at the head of the above E Party, at the time of the day set out in paragraph 1, in a way of crypting it to coffee.

3. On March 13, 2017, at around 22:00, the Defendant purchased 0.14g of Mept A from D to 100,000 won.

4. The Defendant administered 0.07 g of Metetopian purchased from D, as set out in paragraph 3, at the head of the above E-gu, a day after the day specified in paragraph 3, in a way of mating it to coffee.

5. On March 20, 2017, the Defendant purchased 0.14g 0,000 won from D in the head of the Dong-gu above E, and from D in 100,000 won.

As a result, the Defendant purchased psychotropic drugs three times with no narcotics handler, and administered them two times with two times.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to A by the police;

1. Application of the Acts and subordinate statutes of the response to the request for appraisal, made by the prosecutor;

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 48 (1) 2 and (2) of the Criminal Act, the proviso to Article 67 of the Narcotics Control Act;

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

1. Sentencing criteria;

(a) Class 1 crime (the scope of a recommended punishment) is administered, simple possession, etc., and there is no basic area (10 months to 2 years) of the basic area (10 months to 3 years).

(b) a second offence (the scope of recommendations), medication, simple possession, etc.

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