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(영문) 대구지방법원 포항지원 2015.04.15 2015고단70
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On July 31, 2014, the Defendant issued KRW 100,000 to B, and purchased approximately KRW 0.4g of psychotropic drugs, Metrophographs (hereinafter referred to as “Mesophopon”) on the Defendant’s vehicle parked on the road near the Southern-gu Southern-dong, Nam-gu, Daegu, Seoul, and purchased approximately 0.4g of psychotropic drugs.

2. At around 20:00 on July 31, 2014, the Defendant administered 0.1g of philophonephones purchased in the Defendant’s vehicle parked in the Dodong Trackba parking lot located at 419No. 19-gil, the center line of the north-gu, Northern-si, Mandong Do, by dilution them with drinking water.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of each protocol of suspect examination of the police as to B;

1. Report on investigation (report on the calculation of additional collection charges);

1. A copy of the investigation report (for the specified date and time of the crime);

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Article 60 (1) 2, Article 4 (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 a sentence;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [referring to a concurrent crime with punishment prescribed in the Act on the Control of Narcotics, etc. due to the purchase and sale of heavy filterphones, etc.] among concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;

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

1. The scope of punishment by law: Imprisonment for not more than 15 years;

2. Scope of recommendations according to the sentencing criteria;

(a) Basic crime: The crime of violation of the Act on the Control of Narcotics, etc. (compacting Determination), the group of narcotics crimes, the trade, good offices, etc., and the absence of Type 2 (marith (marith, b. (c) and (c) of the Act on the Control of Narcotics, etc.) [the scope of recommendations] [the scope of recommendations] from one year to two years (basic area] from imprisonment;

(b) Concurrent Crimes: due to the administration of phiphonephones;

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