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(영문) 대구지방법원 2016.12.15 2016고단3545

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

10,000 won from the defendant.

Reasons

Punishment of the crime

[Criminal Power, etc.] On May 15, 2014, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Control of Narcotics, etc. at the Daegu District Court on the grounds of a violation of the Act on the Control of Narcotics, etc., and completed the execution of the sentence in the Daegu Prison on June 24, 2015. The Defendant

【Criminal Facts】

1. On July 19, 2016, the Defendant: (a) put about 0.05g of psychotropic drugs in a single-use injection machine; (b) Mepopon Mepopon Mepopon Mepopon Mepopon Mepopon Mepopon Mepopon Mepopon Mepopon Mepon Mepon Mepopon Mepon Mepopon Mepopon Mepopon Mepon Mepon Mepopon; and (c) injected mepopon

2. On July 20, 2016, the Defendant: (a) around 14:20, the Defendant: (b) kept approximately 0.13 grams in a plastic bag; and (c) possessed a phiphone in the way of keeping a disposable injection device containing water dilution onto the Defendant’s home bed part of the Defendant’s house located in the above DBD 301.

Summary of Evidence

1. Defendant's legal statement;

1. Each narcotics appraisal report and each gene appraisal report;

1. A report on investigation (calculated additional charges);

1. Seizure records;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification of the date of release, etc.), previous records of disposition, results of confirmation, and application of Acts and subordinate statutes;

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. concerning the crimes under the relevant Acts;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The main sentence of Article 67 of the Narcotics Control 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 of the provisional payment order;

1. Scope of recommendations according to the sentencing guidelines - Category 3 (1 to 3 years) of the aggravated area (1 to 3 years), such as medication, simple possession, etc. (1 to 3 years) of the first crime (2 to 3 years of suspended execution), - the second crime [the scope of recommendations] of the same criminal record (2 to 3 years of suspended execution).