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(영문) 대전지방법원 논산지원 2018.06.29 2018고단95
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On July 25, 2017, at the Defendant’s residence located in Seosan-si B and A 205: (a) around the morning on July 25, 2017, the Defendant visited the Defendant’s cell phone sellers using the ID called “D” by accessing the Defendant’s cell phone to C(SNS) and purchasing phiphones.

Then, according to the 19:25 of the same day, 750,000 won was deposited without passbook in the name of E in the new bank account (F) in the name of E managed by the seller at the location of the new bank branch located in 3218, as of the 19:25, the same day, and around 21:00 of the same day, Dora, located in the 1st floor of the 1st floor of the 1st floor of the 21:0, Dora, designated by the seller, had a transparent plastic bag containing one gram.

2. On July 25, 2017, the Defendant administered a philophone medication by inserting approximately 0.05g of philophones purchased as described in paragraph (1), into a single-use injection machine and dilution them into the blood body of arms, at around 23:00 square meters around 25, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Data on CCTV images and photographs of financial institutions;

1. A maternity narcotics appraisal report;

1. Application of statutes on records of seizure and lists of seizure;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Articles 60 (1) 2 and 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. for which the punishment is selected, and the choice of imprisonment for a crime, respectively;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation, community service work, and Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) 1 offence (sopon medication) (the scope of recommendations).

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