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(영문) 대구지방법원 2016.10.13 2016고단3080
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for two years.

1,550,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Power, etc.] On September 25, 2014, the Defendant was sentenced to ten months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. in the Seogu District Court Branch of the Daegu District Court on September 25, 2014, and completed the execution of the sentence in the Daegu Prison on July 26, 2015, and was not a person handling narcotics.

【Criminal Facts】

1. Sale of philophones;

A. On May 21, 2016, the Defendant sold approximately 0.7 gramphonephones, a psychotropic drug, using approximately 350,000 won from D and psychotropic drugs (i.e., one philopon, one philopon, and one philopon).

B. On May 23, 2016, around 14:20, the Defendant: (a) at the entrance of the F Hospital 302 room located in Daegu-gu, Daegu-dong; (b) 1.1 million won was cut off from D; and (c) at the street near the Young-gu, Daegu-gu, Daegu-gu, the Defendant sold D 5g phiphonephones to D, with approximately 18:00 on the same day.

2. Around 23:00 on July 3, 2016, the Defendant administered phiphonephones by inserting approximately 0.03g opphones into the instant World Cup and drinking water at a store used by the Defendant in Daegu-gu G.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol of examination of suspect regarding D by the prosecution;

1. Police seizure records;

1. A test report;

1. A statement on narcotics appraisal;

1. A report on investigation (calculated additional charges);

1. Previous convictions in judgment: Application of criminal records and investigation reports (verification of the date of release, etc.);

1. Article 60 (1) 2, Article 4 (1) 2, 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. 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. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

1. The aggravated area (one year and six months to four years) of crimes in Type 2 (the scope of recommendations), including sale and purchase, good offices, etc. (the period of suspension of execution within three years) of the sentencing criteria shall be the same previous crimes (the period of suspension of execution within three years).

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