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(영문) 대구지방법원 안동지원 2014.07.25 2014고단172

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

1. On September 2013, 2013, the Defendant: (a) around 23:00 on September 1, 2013, 2013, the Defendant injected two psychotropic drugs for a single psychotropic drug, together with D with D, in a single curine curine curbine room located in Chungcheongnam-nam budget-gun B; and (b) D injected one of them into his left-hand burbow, and administered a curphone by dilution with a single psychotropic drug into the instant curbine curine.

Accordingly, the Defendant administered psychotropic drugs even though he is not a person handling narcotics.

2. On September 2013, the Defendant administered 0.03 g of a single psychotropic drug, even if the Defendant was not a person handling narcotics in the form of paragraph (1) at the Fmototoon room in front of the Hong-gun of Chungcheongnam-gun, Hongsung, 2013, the Defendant administered 0.03 g of a single psychotropic drug.

3. On October 3, 2013, around October 3, 2013, the Defendant administered 0.03 g of a single psychotropic drug, even if the Defendant was not a person handling narcotics, in a non-pharmaceuticalless room of the mutual influorious telephone, at the same time as that of paragraph (1), at around October 3, 2013, the Defendant administered 0.03g of a single psychotropic drug.

4. On October 4, 2013, around 02:00, the Defendant administered 0.03 g of psychotropic drugs for a single medication, even if the Defendant was not a person handling narcotics in the manner referred to in paragraph (1), at the Gel No. 705 room located below the Chungcheongnam-nam Budget Group B, in the manner referred to in paragraph (1), around October 4, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Response to requests for appraisal, application of additional Acts and subordinate statutes on requests for appraisal;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of a sentence;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommendations].