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(영문) 대구지방법원 2017.11.01 2017고단4364
마약류관리에관한법률위반(향정)
Text

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

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

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On January 6, 2017, the Defendant: (a) purchased camphones with D to purchase cambanes (hereinafter “cambphones”; hereinafter “cambson”); (b) deposited KRW 300,000 in the account in the name of the Daegu Bank in the name of E used D; and (c) paid KRW 20,000 out of the said money to H in cash at the residence of Daegu Suwon-gu G and 101 on the same day; and (d) received approximately 00,000,000 of the said money from H in cash from H to H in the name of the Daegu Bank in the name of E used by D.

Accordingly, the Defendant conspiredd with D to purchase philophones.

2. On January 6, 2017, the Defendant administered philophones in a way that philophones purchased on the basis of approximately 0.03g g of philophones purchased on the basis of the crophones 705 in Daegu Guro-gu, Daegu Doro-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. Police seizure records and list of seizure;

1. Response to a request for appraisal;

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

1. Relevant legal provisions of the Act on the Management of Narcotics, etc., 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 with prison labor for a crime;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although the reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. has been sentenced to imprisonment for the same kind of drug crimes in the previous time on three occasions, considering the fact that the defendant voluntarily surrenders himself to and led to the investigation agency as to each of the crimes of this case with the intention of a single medicine, and that the amount of narcotics purchased and administered by the defendant is not large.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, etc. of the accused, shall be determined as per the order.

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