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(영문) 대구지방법원 포항지원 2017.11.22 2017고단1122
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

50,000 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

Although the Defendant, who is not a person handling narcotics, is not a person handling narcotics, is prohibited from selling, selling, administering, etc. Mecophophones (one philopopon; hereinafter “philopon”), the Defendant dealt with philopon as follows.

1. On July 2, 2017, the Defendant paid 14,000 US dollars ($500,000,000) to a large person under the name of "E" that he/she became aware of through the "D" in the trade aesthetic apartment located in large-scale crowdfunding around 22:00 on July 2, 2017, and purchased a phiphone with 7 glopphones.

2. The Defendant, at the time and place specified in paragraph 1, injected 0.03g of philophones purchased as above, and 0.03g of philophones purchased as above, and injected philophones into the Defendant’s left part blood cells using a single-use injection device and administered philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. A reply to a request for appraisal;

1. The result of the test of the ionner;

1. Application of Acts and subordinate statutes to posts on the left side of the person's photograph;

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 Act on the Criminal Facts (trade of philophones, the point of administration, and the selection of a sentence of imprisonment);

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. A crime for sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of sentencing [the scope of a recommendation] under Article 334(1) of the Act on the Criminal Procedure of the Provisional Payment Order: The basic area (1 to 2 years), such as trading, arranging, etc. for the sale and purchase of types 1 (the scope of punishment), the basic area (1 to 2 years), (2) [the person subject to special mitigation (the scope of punishment for not less than 3 years), the number of self-denunciation / the same previous crimes (the suspension of execution for not less than 3 years) / the mere possession, etc. of the three types (10 to 2 years), the basic area (10 to 3 (the person subject to special mitigation (a) and (c)) [the person subject to special mitigation (the suspension of execution for not more than 3 years)] of the self-denunciation/ the same type of punishment for multiple aggravated crimes: One year to 3 years [the normal or following sentence].

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