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(영문) 대구지방법원 2016.09.23 2016고단3246
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

excluding 0.03g philophones consumed by the appraisal of No. 1 of seized evidence.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. From around 03:00 on July 14, 2016 to 04:00, the Defendant administered a philophone in a Furine room located in Gyeongcheon-gun, Gyeongcheon-gun, G, a primary mental medicine, with the dilution of a philophone, while being aware that the philophone was dilution.

2. On July 14, 2016, the Defendant possessed a philopon in the parking lot for H Stopon (Haak Line) around 12:42, the Defendant: (a) held a philopon by keeping one philopon which the Defendant received from G at a small bank located inside a 0.06g of philopon, located in a philopon which the Defendant was parked.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each protocol concerning the examination of the suspect against the accused by the prosecution;

1. Each protocol of seizure, each statement on narcotics appraisal, and each statement on reply to a request for appraisal;

1. Application of Acts and subordinate statutes on images of photographs;

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. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of applicable sentences under the Act] : (a) 3 types of crimes [the Sentencing] from 1 month to 15 years of imprisonment [the Sentencing] ; (b) ; (c) ; (c) ; (a) ; (b) ; and (c) ; [the person subject to special sentencing] - the previous criminal records of the same kind (not less than 3 years of suspended sentence] [the scope of recommended sentence] 1 to 3 years [the scope of recommended sentence] ] 3 types of crimes (b) ; (c) and 2 [the person subject to special sentencing] - the subject of aggravated criminal records of the same kind (not less than 3 years of suspended sentence] - the subject of aggravated punishment / [the scope of recommended sentence] 1 to 3 years [the scope of punishment].

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