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(영문) 대구지방법원 2014.11.20 2014고단2770
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

70,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On March 13, 2012, the Defendant was sentenced to one year and two months of imprisonment due to a violation of the Act on the Control of Narcotics, etc. at the Daegu District Court on March 13, 2012, and completed the execution of the sentence in the Daegu Prison on January 19, 2013.

【Criminal Facts】

The defendant is not a person handling narcotics.

1. At around 22:00 on April 15, 2013, the Defendant: (a) laid off KRW 500,000 in cash from F in F near the E hotel located in Daegu-gu, Daegu-gu; (b) moved from F to Gurter near the high-speed bus terminal located in Daegu-dong-gu, Daegu-dong; and (c) sold F psychotropic drugs for a single-use injection with 0.5g 0.5g psychotropic drugs.

2. On April 25, 2014, at around 23:50, the Defendant administered philopon in a philopon 0.03g of philopon, which was delivered from sexually incurable J, to H, in a way of casting it to coffee.

3. On May 18, 2014, at around 20:0, the Defendant administered opon 0.03g of opon, which was delivered by the said J, in a way of cating 0.03g of opon to coffee, from May 18, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of F;

1. Statement made by the prosecution with respect to F;

1. Records of seizure and the list of seizure;

1. Test results;

1. Requests for appraisal;

1. Court rulings;

1. Each investigation report (including telephone details attached thereto, calculation of additional collection charges), and cancer transactions on narcotics;

1. Previous convictions: Application of Acts and subordinate statutes to inquiry reports and investigation reports (for the period of repeated crime of a suspect);

1. Relevant Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., for the sake of criminal facts and the selection of a sentence;

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. The aggravated area (one year and six months to four years) of Type 2 (mariju, one year and six years), including the sale, purchase, good offices, etc. of the first-class crime for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc.

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