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(영문) 대구지방법원 2017.09.26 2017고단1643
마약류관리에관한법률위반(향정)
Text

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

250,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On January 28, 2016, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Seoul Eastern District Court on one year and two months, and the execution of the sentence was terminated at the Innju Prison on September 28, 2016, and is not a narcotics handler.

On October 20, 2016, the Defendant met D around Daegu-gu C, Daegu-gu. Around 22:00, the Defendant: (a) received 2.50,000 won from D for a local mental medicine campile (one name “copon”; hereinafter the “copon”); (b) moved D to a Daegu-gu, or lower-level, a car operated by the Defendant with the said D; and (c) sold D a copon to D with approximately 0.8g a copon.

Summary of Evidence

1. Legal statement of the witness D;

1. Investigation report (limited to the confirmation of text messages sent to the Organization and sent by the suspect E), investigation report (Attachment to a statement of transaction remittance of purchase price of philopon to D transferred to the suspect E), investigation report (Attachment to a statement of call sent between the suspect A and D transferred to the institution), investigation report (Attachment to a statement of call sent between the suspect A and the institution), and investigation report (Comparison with and analysis of the contents of DNA text messages sent to the institution affiliated with the institution and the telephone records with the suspect A);

1. Reporting on the calculation of additional collection charges;

1. Previous convictions in judgment: A criminal investigation report (as to the period of repeated crime against a suspect, and confirmation of the law applicable to the same kind of crime), inquiry letter, such as criminal history, investigation report (date of expiration of the term of punishment and report attached to a sentence) - Court rulings and application of Acts

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. for Criminal Facts and Selection of Imprisonment with prison labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Management of Narcotics, Etc. [the scope of recommended punishment] The reason for sentencing under the proviso of Article 67 of the Act on the Management of Narcotics, Etc. is that two types (one year and six months to four years) are aggravated (one year and six months to four years). [Special Sentencing] The same type of criminal offense (a decision of suspension of execution within three years) and the same type of criminal offense period (a decision of suspension of execution within three years).

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