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(영문) 대구지방법원 2015.03.19 2015고단522
마약류관리에관한법률위반(향정)등
Text

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

10,000 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

1. The Defendant is not a narcotics handler.

At around 15:00 on January 17, 2015, the Defendant administered 0.03 grams, a psychotropic drug, which was received from E, in the 309 room in Daegu Suwon-gu, by means of drinking in water, approximately 0.03g of psychotropic drugs (one philophone; hereinafter referred to as “philophone”).

2. On the same day, at around 15:15 on the same day, the Defendant damaged the victim’s property damage by hand, on the ground that there was a dispute over the medication of internal-related persons G and phiphonephones within the 309 room for the victim F’s operation, and caused the above victim’s market price to be 600,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Test results;

1. On-site photographs;

1. Monthly trends in narcotics;

1. Application of Acts and subordinate statutes to each investigation report (attached to a written agreement submitted by a suspect, confirmation of details of preparation of such written agreement, and calculation of additional collection charges);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection of Narcotics, etc., Article 36 of the Criminal Act concerning the facts constituting an offense, Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the same Act (the

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment [the scope of recommendation] medication, simple possession, etc. [10 to 2 years] of the basic area (10 to 2 years) of types 3 (10 to 10) of the Criminal Procedure Act [the person who is a special person] of types 3 (10 to 3 (10)] of the Criminal Procedure Act [the person who is a multiple types of crimes] is concurrent with a crime for which no sentencing guidelines have been set. Thus, the lower limit of the crimes is based on the lower limit of the crime for which the sentencing guidelines have been set [the decision of sentence] of the crime is high in the nature of the crime, the risk of recidivism is high, and the surrounding persons may be presumed to be the way for the narcotics crime; the defendant

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