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(영문) 대구지방법원 김천지원 2021.03.25 2021고단36

마약류관리에관한법률위반(향정)

Text

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

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

Even if the Defendant is not a narcotics handler, he handled the Metepha (one philopon; hereinafter “philopon”) which is a local mental medicine as follows:

On November 9, 2020, at around 20:04, the Defendant, at the “C” office in Kimcheon-si B’s operation, injected dacthophones into a one-time dacter, dilution with water, and administered them.

In addition, the Defendant administered philophones over a total of 11 times from the above day to December 28, 2020, as shown in the list of offenses.

Summary of Evidence

1. Statement made by the police against D in court by the defendant;

1. Each protocol of seizure and the list of seizure;

1. The application of Acts and subordinate statutes to an appraisal report on narcotics, a report on internal investigation (related to the verification of CCTV at the site), a report on investigation (a photograph by cutting off CCTV images for an additional crime), a report on investigation (a document attached to an appraisal of seized articles on December 29, 2020), a report on investigation (a report on the market price and the calculation of surcharges);

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., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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. Article 62-2 (1) of the Criminal Act, the main sentence of Article 62-2 (2), and Article 59 of the Act on the Observation, etc. of Protection and Order to Attend Courses;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics, Etc., and Article 48 (1) of the Criminal Act;

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (10,000 won for a medication once of phiphones x 11 times);

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The crime of narcotics is not easy to detect in light of its characteristics, and the risk of recidivism is high, as well as the negative impact on society as a whole due to decryability, toxicity, etc. is considerably large, and the defendant commits each of the crimes of this case again even though he had the history of criminal punishment for the crime of narcotics.