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(영문) 대구지방법원 2014.04.10 2014고단1125
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, at the Daegu District Court on December 6, 2013, sentenced one year to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc., and the said judgment became final and conclusive on March 26, 2014, and is not a narcotics handler.

On December 14, 2012, the Defendant deposited KRW 300,000 from the E-high school located in Daegu-gu E-high school, to the account designated by F, and brought about approximately 0.7g of psychotropic drugs, which F concealed in the public telephone room installed at the entrance of the E-high school.

Accordingly, the defendant purchased philophones from F.

Summary of Evidence

1. Defendant's legal statement;

1. Four and five copies of the police investigation protocol concerning F; and

1. Copy of the receipt of Sms messages;

1. Previouss: Reference letters, written judgments, and application of the Acts and subordinate statutes concerning the detailed statements of cases;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. Sentencing sentencing reasons under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. have already been punished several times as crimes of the same kind, but the defendant purchased phiphones, the necessity of strict punishment for narcotics crimes, the defendant repents his mistake, the defendant trades phiphones before and after the crime of this case, and the crime of medication at the same time as the crime of latter concurrent crimes of Article 37 of the Criminal Act, which has been sentenced to imprisonment for one year due to the crime of this case, is fair in the case where he was sentenced to a judgment, and other various sentencing factors shown in the arguments, such as the defendant's age, character and behavior, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime, etc., are taken into account.

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