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(영문) 대구지방법원 2015.10.07 2015고단3991
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On July 14, 2015, the Defendant purchased penphones with D’s 200,000 won and psychotropic drugs-related Mepopon (one name Handphone; hereinafter referred to as “philopon”), which was parked in the front of the Defendant’s dwelling in the building of Daegu-gu C, Daegu-gu, and with D’s 200,000 won and psychotropic drugs-related Mepopon.

2. On July 15, 2015, at around 22:00, the Defendant administered a scophophone in a way that scophophone in the dwelling of the Defendant as indicated in paragraph (1).

3. On August 9, 2015, at around 23:00, the Defendant administered a penphone in the same manner as that of paragraph (2) at the Defendant’s residence as indicated in paragraph (1).

Summary of Evidence

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement of each police suspect interrogation protocol regarding D;

1. Application of the respective Acts and subordinate statutes described in the Kakao Stockholm dialogue, the table of requests for appraisal, and the investigation report (as a result of appraisal);

1. Relevant Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., for the sake of criminal facts and the selection of a sentence;

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

1. Second crimes for which there is no basic area (10 to 2 years) [the scope of recommending punishment] in the basic area (10 to 2 years) of the third category (10 to 2 years) of medication, simple possession, etc. [the scope of recommending punishment], the third class [the scope of recommending punishment] in the basic area (10 to 2 years) of the third class (10 to 2 years), the basic area (10 to 2 years), such as medication, simple possession, etc. (10 to 2 years) [the scope of recommending punishment] in the mitigated area (8 to 2 (b), items (c) and (c), etc.) of the second class (8 to 16 months) in the mitigation area (a special mitigation), the purchase of drugs, simple possession, etc. or the final increase in the number of offenses in accordance with the medication, simple possession, etc.]. The defendant purchased the third class (the scope of recommending punishment] in the sale and purchase mediation, etc.

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