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(영문) 대구지방법원 2013.08.23 2013고단4133
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

Criminal facts

The defendant is not a person handling narcotics.

1. On June 14, 2013, at around 17:00, the Defendant received KRW 550,000 from C, who was aware of psychotropic drugs, to request the psychotropic drugs-related Meculphal culphal culphal culphal culphal culphal culphal culphal culphal culphal culphal culphal culphal culphal culphal culphal culphal culphal culphal culphal culphal culphal culphal culphal culphal culphal culphal culphal culph (hereinafter “culphal culphal culphal culph) at around 17:30 on the same day.

2. At around 23:30 on June 14, 2013, the Defendant: (a) received approximately 0.05g of philophones purchased from F from C; (b) stored them in a disposable injection machine for use; and (c) dilution them into water and administered them in a way of spraying them into his/her own entrance.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to a copy of passbook for suspect), investigation reports (Attachment to a reply to a request for appraisal);

1. Article 60 (1) 2, Article 4 (1), 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 a sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. The reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. are as follows: although the defendant arranging the sale and purchase of a phiphones and has been punished strictly as having been administered, the defendant has no criminal history of the same kind of crime; the defendant is breaking his mistake in depth; the defendant supports his three children; the amount and frequency of the philophones handled by the defendant; the circumstances leading to the crime of this case; the defendant's age, character and conduct, environment, etc.

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