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(영문) 대구지방법원 서부지원 2012.07.05 2012고단558

마약류관리에관한법률위반(향정)등

Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. The evidence seized shall be confiscated from the defendant;

3...

Reasons

Punishment of the crime

[Criminal Power] On March 25, 2011, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Daegu District Court on March 25, 201, and on January 27, 2012, the Daejeon Correctional Institution has three times the same kind of force in addition to the completion of the enforcement of

【Criminal Facts】

1. The Defendant is not a person handling narcotics, etc.

Nevertheless, at around 21:30 on May 17, 2012, the Defendant put 0.03g of psychotropic drugs purchased at KRW 2.70,00 from D into a injection machine, dilution of water promptly, and injected them into the arms, and continuously injected 0.03g of opon phone in an injection machine, in order to have a significant effect on medication, dilution of water promptly.

Accordingly, the Defendant administered 0.06 grams, which is a psychotropic drug.

2. On May 18, 2012, at around 20:40, the Defendant was in the house of Victim F located in Seo-gu, Daegu, Seo-gu, Seo-gu, for the Defendant into the residence of the victim, after administering the Mesamine, as described in the preceding paragraph, and the police was aware that he was arrested, and that he was able to escape, and went beyond the victim’s house and invaded upon the victim’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Records of seizure and the list of seizure;

1. Photographs;

1. Previous records: Criminal records, previous records of dispositions, report on results of confirmation, investigation report (verification report, such as the date of release from prison), personal identification, application of Acts and subordinate statutes of the judgment;

1. Article 60 (1) 3, Article 4 (1), and subparagraph 4 (b) of Article 2 of the Act on the Control of Narcotics, Etc. and Article 319 (1) of the Criminal Act concerning the relevant criminal facts and the selection of punishment;

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. Article 67 of the Act on the Control of Narcotics, etc. shall apply to the court sentencing guidelines for sentencing.