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(영문) 대구지방법원 포항지원 2020.05.20 2020고단375
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence2 through 10 (excluding the portion of appraisal and consumption) shall be confiscated.

Reasons

. 1, 2, 4, 13, 15, 18, 20, 23, 27, 28.

1. Each protocol of seizure and each list of seizure;

1. E↔A 전화통화 내역 발췌자료, M 수용자 접견조회기록, 차량통과 엑셀자료 및 CCTV 캡처사진, 통신수사 CD

1. A letter of the time of the examination of the injection, the result of the examination of simplified reagents, and the photograph of a phiphone medication;

1. Requests for each appraisal;

1. As a result of inquiry, a report on investigation (Attachment of a suspect's criminal records related to the same criminal records), application of Acts and subordinate statutes concerning personal confinement;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 (Article 2 of the Act on the Management of Narcotics, Etc., and Selection of Imprisonment with prison labor, with respect to the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. proviso (proviso) of Article 67 of the Act on the Control of Narcotics, Etc. (Additional Collection Amounting to 193,200 won) 1) Of the purchases made on July 15, 2019, the amount used on March 15, 202 to be 0.6g * 800,000 won/5.15g = 93,200 won (beer less than 10 won) 310,00 won = 193,200 won = 193,200 won;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime [Determination on the Violation of the Act on the Control of Narcotics, etc. (referring to the determination of types)]. Narcotics crimes: Trading, arranging, etc. (Type 2] marijuana and perfumes;

Items c) and c.

No person [special person] [the area of recommendation and the scope of recommendation] basic area, one year to two years of imprisonment

(b) Class 2 crime [Violation of the Act on the Control of Narcotics, etc. (Determination of Punishment)] (Determination of Punishment of Narcotics, etc.]. Trade, good offices, etc. (Type 2] marijuana and perfumes;

Items c) and c.

No person [special person] [the area of recommendation and the scope of recommendation] basic area, one year to two years of imprisonment

(c) Class 3 crime [Violation of the Act on the Control of Narcotics, etc. (Determination of Types] / 01. Medication, simple possession, etc. (Type 3].

Items c) and c.

Sub-paragraph (special sponsor) of this paragraph is the recommended territory.

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