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(영문) 대구지방법원 안동지원 2021.02.18 2020고단631
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten 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

Even if the Defendant is not a narcotics handler, the Defendant intended to purchase mechographer (hereinafter referred to as “chographer”), which is a local mental medicine, from a person who was aware of the name through the telegram, and purchased 750,000 won from the bank account (F) in the name of the E bank account in the name of the State, which was known to the person who was unable to receive the above name, at around 20:30 on January 28, 2020. On the same day, the Defendant purchased 750,000 won by using approximately 1 g of a chograph-gu, Seoul, where the person without the name was known at around 23:30 on the same day.

Summary of Evidence

1. A protocol concerning the examination of the police officers concerning the defendant's legal statement G;

1. To apply a copy of the search report (in the course of the commencement of the investigation), photographic data (compregic dialogue), narcotics appraisal report, copies of a search and inspection warrant, copies of financial transaction records, criminal investigation reports (suspected tracking of a suspect), photographic data, reply data on execution of a warrant of search and seizure, document on execution of a warrant of search and seizure, photographic data (in the face of a suspect), photographic data (in the face of a criminal suspect), investigation report (in the face of a criminal investigation report), narcotic appraisal report (in the face of a narcotic report), CCTV, copy of the search report (in the face of a month), copy of the search list

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. concerning facts constituting an offense (the choice of imprisonment with prison labor);

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

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (the estimated basis: 750,000 won for 1g of philopon purchased);

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

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] shall be limited to the scope of the recommended punishment [the types] according to the sentencing guidelines, such as the sale, purchase, mediation, etc. [the types No. 2] marijuana, the native b. c. [the special sentencing factors] mitigation factors: the purchase or the receipt for medication, simple possession, etc. [the territory of recommendation and the recommendation of punishment];

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