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(영문) 대구지방법원 서부지원 2014.05.29 2013고단1310
마약류관리에관한법률위반(향정)등
Text

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

50,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The Defendant, at the Daegu District Court on August 11, 201, sentenced 10 months to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence at the Daegu Detention Center on January 1, 2012, and is not a person handling narcotics.

On July 10, 2012, the Defendant deposited KRW 100,000,000,000,000,000 won in a new bank account (E) in the name of D used by the above C in order to purchase approximately 0.7g of psychotropic drugs from C where 20 arrest warrant was issued as a violation of the Act on the Control of Narcotics, Etc. (fence) at the Sung-dong, Daegu-dong, Seo-gu, Daegu-gu, 76-2 sexual affiliate branch of a new bank (fence).

On July 10, 2012, the Defendant: (a) received a remittance of the Lphone purchase price from the foregoing C, called from the said C that he concealed the Lphones under the direction of the Department of Culture and University in Nam-gu, Daegu-gu, and the C, and did not find any penphones that C moved to the said place and concealed.

Accordingly, although the defendant tried to sell and purchase philophones, he attempted to escape a person who commits a crime corresponding to a fine or heavier punishment at the same time as the attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Prosecution examination protocol of the accused;

1. Each police interrogation protocol regarding C;

1. Previous convictions: Application of Acts and subordinate statutes to criminal records, investigation reports (verification of the date of release and a copy of judgments relating to repeated crimes);

1. Articles 60 (3) and (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. and Article 151 (1) of the Criminal Act (the point of delivery) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act provides that the Defendant has been punished for committing a crime of purchase or medication of phiphonephones several times.

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