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(영문) 대구지방법원 포항지원 2018.01.18 2017고단916
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

30,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal history] On November 14, 2013, the Defendant was sentenced to one year of imprisonment with labor for a violation of the Narcotics Control Act at the Daegu District Court on the grounds of a violation of the Act on the Control of Narcotics, etc., and completed the execution of the sentence on November 20, 2014.

[2] The Defendant, who is not a person handling narcotics, is not a person handling narcotics, is not a person handling narcotics, but dealing with crophones, such as selling and selling crophones (the crophone, hereinafter “crophones”). However, the Defendant dealt with crophones as follows.

1. On May 26, 2015, the Defendant received philophones by taking the philophones 0.09g from a person who was unable to receive his name (E), at the D funeral hall located in North-gu, North-gu, North Korea (hereinafter “E”), for free.

2. Medication of phiphones.

A. On May 16, 2016, the Defendant: (a) dumped the amount of 0.03g gramphones received from a person without his/her name in the same manner as paragraph (1) at the domicile located in North-gu, North-si, North-si, North-si; and (b) administered Mauriturphones, after dilution the amount of 0.03g gramphones received from the person

B. On July 10, 2017, the Defendant: (a) administered Maitius phones after dilution the volume of 0.06g gramphones received from a person in a name in the same manner as paragraph (1) at the place of residence in Nam-gu, Nam-gu, Seoul, in the manner as in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. The report on the results of the drug reaction test, and each report on narcotics appraisal;

1. Previous convictions in judgment: Application of the results of inquiry and investigation reports (verification of the current status of confinement of each suspect and attachment of judgment attached thereto);

1. Relevant Article of the Act on the Management of Narcotics, etc. and Articles 60 (1) 2 and 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. for which the punishment is selected, and the choice of imprisonment for a crime, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommended punishment] Medication, simple possession, etc., of the types of three types (one year to three years) in the area of aggravation (one year to three years), 【Special Aggravationd Persons] previous conviction (a decision of suspension of execution within three years) in the area of aggravation (a decision of suspension of execution within three years) : unfavorable circumstances:

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