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(영문) 대구지방법원 2019.10.24 2019고단3948
마약류관리에관한법률위반(향정)
Text

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

1.3 million won shall be additionally collected from the defendant.

The amount equivalent to the above additional charges.

Reasons

Punishment of the crime

Even if the Defendant was not a person handling narcotics, he dealt with the psychotropic drugs-related Mesofts (one philopon; hereinafter “philopon”).

1. Purchasing philophones;

A. On June 27, 2019, the Defendant purchased penphones with approximately KRW 700,000 and approximately 0.7 ghopon in the south-gu, Ulsan-gu, Ulsan-gu, Seoul-do.

B. At around 06:50 on July 6, 2019, the Defendant purchased 60,000 won from the F’s street in Yongsan-gu Seoul, Yongsan-gu, Seoul, and 0.7 grophones with approximately 0.7 ghon.

2. Medication of phiphones.

A. On July 1, 2019, at around 01:17, the Defendant administered phiphones by inserting philophones into a single-use injection machine at the Defendant’s residence located in Gwangjin-gu Seoul Special Metropolitan City, and dilution with water.

B. On July 2, 2019, at around 19:19, the Defendant administered philophones in the above Defendant’s residence, using the foregoing method.

C. On July 3, 2019, at around 21:18, the Defendant administered philophones in the above Defendant’s residence, using the foregoing method.

On July 8, 2019, at around 12:09, the Defendant administered philophones in the above Defendant’s residence, and in the above manner, the philophones were administered.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. The application of Acts and subordinate statutes to a criminal investigation report (a copy of an investigation record: Attachment of a copy of a cell phone from the upper line D), a criminal investigation report (a copy of the investigation record of a witness D), a criminal investigation report (a confirmation of a suspect's additional penphone medication), and a criminal investigation report (calculated of an additional

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., concerning facts constituting an offense, and the choice of imprisonment, respectively;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: the same kind of cases is different.

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