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(영문) 대구지방법원 포항지원 2015.10.22 2015고단693
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six 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

The defendant is not a person handling narcotics.

1. On April 14, 2015, the Defendant: (a) called “B to send psychotropic drugs-related mail to B at a place where the specific place is unknown; (b) transferred KRW 700,000 to C’s account used by B; and (c) received KRW 700,000 from the front of the bus terminal in Busan Nowon-dong, through Kwikset-si, via an delivery article, to a half of the number of pages.

2. Medication of psychotropic drugs;

A. At around 00:30 on April 15, 2015, the Defendant administered the d, 203 Do-dong, Northern-si, and 1402 Do-dong, Defendant’s dwelling at the Defendant’s dwelling, in a manner that d, 203 Do-dong, to the extent that the d, half of the dialphone purchased as above, was dilution into drinking

B. On April 17, 2015, at around 00:30, the Defendant administered a dose to the degree of partitions remaining in the dwelling by dilution with drinking water.

Summary of Evidence

1. Defendant's legal statement;

1. A narcotics appraisal statement;

1. Application of statutes governing C’s details of transactions in Busan Bank;

1. The choice of a criminal defendant, Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc., and the choice of a criminal sentence, respectively;

1. Of concurrent crimes, the aggravated punishment provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (an aggravated punishment provided for in the Act on the Control of Narcotics, etc. due to the purchase of heavy penphones);

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. (Report on the calculation of additional collection);

1. Class 1 of the sentencing guidelines (in the case of medication), marijuana of Category 3 (in the case of punishment), medication, simple possession, etc. (in the case of punishment, six months of imprisonment or one year and six months of imprisonment), (in the case of special mitigation), self-denunciation 2 of the self-denunciation 3 (in the case of punishment), (in the case of punishment of recommendation), and buying and selling or arranging, etc. 2 of the sentencing guidelines;

(i) the item;

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