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(영문) 대구지방법원 포항지원 2017.11.23 2017고합73
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

Although the Defendant was prohibited from receiving or delivering a local mental medicine or a local mental medicine containing such a medicine, the Defendant received a request from fluorcing C to deliver the fluoric fluoric fluoric fluoric fluoric fluoric fluoric fluoric fluoric fluoric fluoric fluoric fluoric fluoric fluoric fluoric fluoric fluoric fluoric fluoric fluoric fluoric fluoric fluoric fluoric fluoric fluoric fluoric fluoric fluoric fluoric fluoric fluoric fluoric fluoric fluoric fluoric flus flus flus

Accordingly, the defendant accepted a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of the police against D or C;

1. Statement made by the police against D;

1. A copy of seizure records, etc.;

1. A copy of the internal investigation report (a copy of the forwarding report of the case, etc.), copy of the investigation report (a copy of the preliminary investigation report of narcotics, etc. conducted by the National Institute of Scientific and Investigative Research), report on internal investigation (the details of account transaction), internal investigation report (the statement of account transaction), internal investigation report (the confirmation of narcotics, etc. (the confirmation of narcotics, etc.)), investigation report (the report on the calculation of additional collection charges against the suspect A), and investigation report (a

1. Application of Acts and subordinate statutes on a copy of the response to requests for appraisal;

1. Article 58 (1) 3, subparagraph 5 of Article 3, and subparagraph 3 (a) of Article 2 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense (selected to imprisonment with labor for a period of time);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (based on the calculation of the amount of additional collection: 300,000 won for sales of local mental medicine);

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

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. Application of the sentencing guidelines [the scope of the recommended punishment] sale and brokerage, etc. shall be limited to the mitigated area (two to five years from June of the year and five years) (the special mitigated person] to participate in the crime or motive for the crime.

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