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(영문) 대구지방법원 2016.10.13 2016고단3727
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for two years.

250,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Power, etc.] On August 7, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. at the Daegu District Court on one year and six months on November 25, 2015, and completed the execution of the sentence at the Ganpo Prison on November 25, 2015, and was not a person handling narcotics

【Criminal Facts】

1. On July 17, 2016, the Defendant: (a) received 150,000 won from the Defendant’s account in the name of D, from C, for the transfer of psychotropic drugs, the payment of 1.50,000 won for psychotropic drugs (i.e., one philop, and one philop) from F in Daegu, Daegu, around 16:40 on the same day; and (b) sold philop in a way that C wishes to search for approximately 0.1g of philop, one philop, which arrives in H in Gyeongbuk-gu, Daegu, around 16:35 on the same day, at around 17:35 on the same day.

2. On August 6, 2016, the Defendant administered philophones in a way that clopon 503 popon copon copon copon copon copon copon copon copon copon copon copon copon copon copon copon copon

3. On August 8, 2016, the Defendant, holding a phiphone, around 11:50, carried a phiphone in front of Maudio, a residence of the Defendant located in Daegu Northern-gu Lon-gu, and carried a phiphone in a way that he/she keeps approximately 0.1g of philopon in a fluor, containing about 4g of philopon in five plastic bags, and keeps a fluor in a plastic bag and a mail bag, and keeps a philopon in a fluor in a luc book with approximately 0.1g of philopon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each request for appraisal;

1. Police seizure records;

1. A report on investigation (calculated additional charges);

1. Previous convictions in judgment: Application of criminal records and investigation reports (verification of the date of release, etc.);

1. Article 60 (1) 2, Article 4 (1) 2, 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. Article 35 of the Criminal Act among repeated crimes;

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

1. Matters concerning the management of narcotics in addition to collection;

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