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(영문) 대구지방법원 김천지원 2017.04.18 2016고단1880
마약류관리에관한법률위반(향정)
Text

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

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

Reasons

Punishment of the crime

The defendant is not a narcotics handler, and a person who is not a narcotics handler shall not sell, sell, or administer a mert cloid (one philopon; hereinafter referred to as "philopon") which is a local mental medicine.

1. On May 6, 2016, the Defendant purchased a phiphone in a way that he/she would bring about approximately 0.15g of a phiphone, which was contained in a box sent by a person who is not aware of the name of the seller of the Internet phiphone in the name of the Defendant, from the account in the name of the Defendant (Account Number B) to the account of treatment securities (Account Number D) designated by a person who is unable to identify the name of the seller of the Internet phiphone, and then, he/she purchased a phiphone in a way that he/she would bring about approximately 0.15g of a phiphonephone, which was contained in a box sent by a person who is not aware of the said name in the Ga-gu, Daegu-gu.

2. Medication of phiphones.

A. On May 13, 2016, the Defendant administered philophones in a way that 0.075g of philophones purchased, as described in subparagraph 1, from G 202 of Daegu Suwon-gu G 202 on May 13, 2016, using approximately 0.075g of philophones to go on the subject.

B. On May 27, 2016, around 22:00 around 22:0, at the place indicated in paragraph 2-A., the Defendant administered chophones in a way that 0.0375g of chophones purchased, as described in paragraph 1, were placed on the subject.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on information on accounts, details of account transactions, and information on opening an account under the name of a defendant;

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 a penalty 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. Application of the sentencing criteria;

A. Violation of the Act on the Control of Narcotics, Etc. due to Purchase (the scope of the recommended punishment) is to be mitigated from the mitigated area (8 months to the nearest 2 months).

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