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(영문) 대구지방법원 서부지원 2014.10.17 2014고단1046
마약류관리에관한법률위반(향정)
Text

The defendant shall be punished by imprisonment with prison labor for 6 months and by imprisonment for 4 months with prison labor for the crime No. 2 of the judgment.

Reasons

Punishment of the crime

On August 9, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Daegu District Court on August 9, 2013, and is currently under suspended execution, which became final and conclusive on August 17, 2013.

The defendant is not a person handling narcotics.

1. The Defendant transferred psychotropic drugs to the Agricultural Cooperative account in the name of C, which is managed by B, around April 2, 2013, around 15:5, 2013, 6.40,000 won of the purchase price, to B. On April 2, 2013, at around 21:18, he received approximately one gram of the phone from B in the street in the name of D, the Defendant received approximately 1g of the phone from B on April 2, 2013. On April 2, 2013, at around 30:30, around 21:30, 2013.

Accordingly, the defendant purchased philophones and administered them.

2. On December 2013, 2013, the Defendant drank approximately 0.05 grams in the Defendant’s residence as stated in paragraph (1) at the same time, and dice in a beer.

Accordingly, the Defendant administered philophones.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. A written appraisal;

1. Previous records: Criminal records and other inquiry reports, investigation reports, confirmation of the date of release, and application of Acts and subordinate statutes;

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 imprisonment, respectively;

1. The latter part of Article 37 and Article 39(1) of the Criminal Act concerning the treatment of concurrent crimes (the first crime on the market)

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

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

1. The defendant committed the crime in this case without being aware of the suspension of the execution of imprisonment, for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, even though he was sentenced to a suspended sentence.

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