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대구지방법원 2017.09.14 2017고단1876
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence 1, 2, and 4 shall be confiscated.

10,000 won from the defendant.

Reasons

Punishment of the crime

1. On March 17, 2017, the Defendant: (a) decided to purchase a penphone (one phiphone; hereinafter “phiphone”); (b) deposited KRW 700,000 from March 13:0 to 14:00 to 14:00 to the post office account designated by the above person’s name, the Defendant purchased the phiphone from the nameless winners (one phiphone; hereinafter “phiphone”); and (c) purchased the phiphone with approximately 1.04g to the phiphone while removing clothes installed in the Hun-Ga located in the G neighboring G located in Seocho-gu Seoul Metropolitan City, Seocho-gu (hereinafter “E”); and (d) purchased the phiphone with approximately 1.04g to the phiphone.

2. At around 01:00 on March 19, 2017, the Defendant administered phiphones by mixing approximately 0.03 out of the phiphones purchased at the inner bank of 102 Dong 1202, the Defendant’s residence located in Nowon-gu Seoul Special Metropolitan City, Nowon-gu, with water, at approximately 0.03 of the phiphones purchased as described in paragraph 1.

3. On March 21, 2017, around 16:45, the Defendant: (a) filed a lawsuit in a manner that put about approximately 1.01g g phiphone into a plastic bag, which is located in the Busan J of the Busan of the Republic of Korea, into a plastic bag, and put about 1.01g g phiphone into a plastic bag.

Summary of Evidence

1. Each legal statement of witness L and M;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol of seizure and a list of seizure;

1. A response letter to a request for appraisal and a duplicate appraisal report;

1. Application of field photographs, DNA dialogic Acts and subordinate statutes;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. Three types (one year to three years), the aggravated area (one year) of crimes (the scope of a recommended punishment) (the scope of a recommended punishment), including medication, simple possession, etc. (the items (b) and (c)) of crimes (the scope of a recommended punishment) within the scope of a recommended punishment according to the sentencing guidelines), the same criminal record (the special aggravated person) within three years);