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(영문) 대구지방법원 2018.01.12 2017고단6310
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

850,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On March 2016, the Defendant received approximately 0.05 g of philophones (one philophones; hereinafter referred to as “philophones”) from K, which are a local mental medicine in the front parking lot located in the Daejeon Seo-gu Daejeon Seo-gu M, and received philophones from K without compensation.

2. Purchase and medication of phiphones;

A. On April 2, 2016, at around 14:50 on April 2, 2016, the Defendant purchased a philopon with the delivery of approximately 400,000 won to K and approximately 0.8g of a philopon in the part of K’s car parked in P, located in K, and in the part of K’s car, which was stopped in the vicinity of the P.O.

B. On April 2, 2016, at around 15:10, the Defendant: (a) parked in P in the vicinity of P in the official week; (b) administered phiphones by inserting approximately 0.15g of philophones into a single-use injection machine; and (c) dilution with water and injection into the arms.

(c)

On June 13, 2016, at around 23:30, the Defendant purchased philophones by receiving KRW 3.50,000 from K to K in front of R elementary schools located in Q Q in Gangnam-gu Seoul, and delivery of approximately 0.5g of philophones contained in K for a single use.

Summary of Evidence

1. Statement by the defendant in court;

1. Copies of the protocol concerning the examination of suspect to the public prosecutor in K;

1. Three copies of the investigation report (related to the attachment of the telephone conversations between the suspect and K), two copies of the telephone call statement, investigation report (A,K’s telephone call details attached), and three copies of the telephone call statement;

1. Application of Acts and subordinate statutes to a criminal investigation report (calculated as a suspect A additional collection charge);

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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 reason for sentencing in the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is that the defendant has a previous criminal record of narcotics crimes, that the defendant voluntarily surrenders himself/herself and cooperates with the investigation, that the defendant purchases or administers culon, and that the number of times he/she receives is four times.

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