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Reasons
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(영문) 대구지방법원 2014.05.01 2014고단1407
마약류관리에관한법률위반(향정)
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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

The defendant is not a person handling narcotics.

1. On September 2, 2013, the Defendant: (a) received from D a written request from D to seek the phiphones; (b) received approximately 0.06 g of phiphones from E in the Defendant’s SM7 car parked on the road front of the front of the SM7 Simpo, and then purchased the phiphones by delivering KRW 200,000,000 to E, from the PC located near the PC in Daegu Simpo-gu, Daegu, to E on the same day.

2. On September 2, 2013, the Defendant: (a) received cash 200,000 won from D in the way near G in Daegu Seo-gu, Seo-gu, Daegu; and (b) sold philophones received from E as above.

3. At around 19:00 on January 6, 2014, the Defendant received philophones by taking approximately 0.06 g of philophones from the above E without compensation in the Defendant’s car parked on the way near the scophophones.

4. Medication of phiphones.

A. On January 16, 2014, around 19:00, the Defendant administered approximately 0.03 g of phiphonephones delivered from E, such as Paragraph 3, at the Defendant’s dwelling located in Daegu-gu, 102 Dong 303, by hanging them to coffee.

B. At around 14:00 on February 25, 2014, the Defendant administered approximately 0.03g of philophones delivered from E, as set forth in paragraph (3), at the above Defendant’s residence, in a way that wraps them into coffee.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Statement of D police statement;

1. Test results and a request for appraisal;

1. Application of Acts and subordinate statutes concerning the pricing of philophones;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts;

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. Probation under Article 62-2 of the Criminal Act;

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

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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