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(영문) 대구지방법원 2015.01.06 2014고단6126
마약류관리에관한법률위반(향정)
Text

Defendant

F shall be punished by imprisonment of 10 months, and by imprisonment of 6 months for Defendant A.

However, this judgment is delivered against Defendant F.

Reasons

Punishment of the crime

Both Defendants are not authorized to handle narcotics.

On December 2, 2013, at the residence of Defendant F (H 302), the Defendants administered phiphones in a manner that 0.3g of psychotropic drugs delivered by Defendant A from a person (one name D) in the name of Defendant F (one name D) and psychotropic drugs (hereinafter referred to as “phiphones”) at a gambling place, and 1 and J in a manner that inhales down the bottom and inhales the postponement from time to time with I and J in order.

Accordingly, the Defendants, in collusion with I and J, administered philophones.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect by the prosecution against I and J;

1. Application of Acts and subordinate statutes to K of the police statement statement;

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. under Relevant Acts concerning criminal facts, and Article 30 of the Criminal Act;

1. Suspension of execution (Defendant F) Article 62 (1) of the Criminal Act ( considered as favorable circumstances among the reasons for sentencing below);

1. For the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., Defendant A again committed the instant crime even though he had been sentenced to the suspension of indictment for the same kind of crime; the Defendants committed the instant crime along with his wife; the Defendants’ nature of the crime is not weak; the necessity of strict punishment for the narcotics offender; the Defendants’ mistake is divided in depth; Defendant F is a primary offender; Defendant A was sentenced to imprisonment of ten months on August 9, 2014; Defendant A is serving in the appellate trial after being sentenced to imprisonment of ten months for a medication; other various reasons indicated in the arguments, such as the Defendants’ age, character and behavior, intelligence and environment; motive, means and consequence of the crime; and the circumstances after the crime, such as recommendation and balancing of sentencing guidelines, drug drugs crimes, medication and simple possession, etc.

Items c) and c.

It is so decided as per Disposition in consideration of the title, basic area, term of imprisonment for recommended sentence, 10 months - 2 years.

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