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(영문) 대구지방법원 김천지원 2018.09.19 2018고단725
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person, other than narcotics handler, shall administer soft clocks (one philopopon; hereinafter referred to as "philopon"), which are local mental drugs.

1. On February 3, 2018, the Defendant: (a) Handphone medication: (b) on February 3, 2018, the Defendant, who was not a narcotics handler; (c) on February 3, 2018, Da 506, which was sent by E, administered in a way of driving the scopphone on a coffee.

2. On February 10, 2018, the Defendant: (a) received and delivered philophones from E at the places indicated in paragraph (1) around February 10, 2018, even though the Defendant was not a narcotics handler; and (b) received and delivered philophones from E on February 10, 2018.

3. On February 19, 2018, the Defendant, who administered a phiphone, was not a narcotics handler. However, on February 19, 2018, the Defendant administered the phiphone in a way that scopon, delivered by E, in the place described in paragraph 1, and in a way that scopon, delivered by E, in the coffee.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning suspect interrogation of E by the prosecution;

1. Statement made by the prosecution against E;

1. Police seizure records;

1. Application of Acts and subordinate statutes on narcotics appraisal;

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 a penalty is selected, and the choice of imprisonment for a crime, respectively;

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 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act on the observation of protection;

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

1. Reasons for the sentencing of Article 334(1) of the Criminal Procedure Act / [Determination of the type 3 (b) and (c) of the Act on the Aggravated Punishment, Etc. of Provisional Payment Orders / [Determination of the territory of recommendation] Basic field / [Scope of recommendation] / 10 months to 2 years [general person subject to sentencing] / No history of criminal punishment [whether suspended sentence is suspended] - Major grounds for criminal punishment (affirmative): No history of criminal punishment

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