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(영문) 대구지방법원 2014.11.28 2014고단5106
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

4,300,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. At around 15:00 on January 13, 2014, the Defendant 3.5 million won received from C in the vicinity of the Gunpo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si (hereinafter “D”), sent to C and E, approximately 2g of psychotropic drugs received in return.

2. On January 2014, the Defendant sent approximately KRW 400,000,000 received from the above D to C and F, in the vicinity of the king-dong, Hasking-si, Hasking-si, and in return, 0.4g of philopon received in return.

3. On February 2014, the Defendant: (a) 400,000 won received from G in the vicinity of the Josking-dong, Hosking-si; and (b) 0.4g of philopon received in return, to the said G.

Accordingly, the defendant assisted the trade of philophones over three times.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement of the second police interrogation protocol against the defendant

1. Each police suspect interrogation protocol for C, G, F, and E;

1. A detailed statement of passbook transactions;

1. Details of each currency;

1. Application of three parts of the judgment; and

1. Article 60 (1) 2, Article 4 (1) 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 imprisonment, respectively;

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

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Management of Narcotics, Etc. [Scope of Recommendation] Trading, Mediation, etc., and there are no basic areas (1 to 2 years) (1 to 2 years) (1 to 3 years [the scope of final sentence due to the aggravation of multiple offenses] 1 to 3 years [the scope of final sentence due to the aggravation of multiple offenses], and the defendant all of the crimes of this case, and there are favorable circumstances, such as the fact that there is no record of criminal punishment after entering the Republic of Korea, but there are no favorable circumstances within the Republic of Korea.

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