beta
(영문) 대구지방법원 2014.12.30 2014고단5363

마약류관리에관한법률위반(향정)

Text

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

400,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On October 11, 2013, the Defendant was sentenced to imprisonment with prison labor for one year and two months for the crime of violation of the Narcotics Control Act, etc. at the Ulsan District Court on July 12, 2014, and completed the execution of the sentence and was not a person handling narcotics.

1. On October 15, 2014, around 18:00, the Defendant purchased approximately one gram of psychotropic drugs, from C, in front of a water-related post office, on the street, from approximately 400,000 won.

2. The Defendant, at around 19:00 on the same day, administered approximately 0.1g of oponon in a single-time injection machine at 306 EMoto-gu Suwon-gu D, and injected it in a way of injecting 0.1g of opon into the left left bloodline by melting it with a natural water flow.

3. At around 19:00 on the 18th day of the same month, the Defendant injected approximately 0.1g of philophones into a single-use injection machine, and injected them into the blood transfusion of the left part.

Summary of Evidence

1. Defendant's legal statement;

1. Test results;

1. Investigation report (in relation to the investigation of the merchant vessel), investigation report (in relation to the frequency and date of medication);

1. Previous records before ruling: Application of criminal records, reply reports by each person, and the current status of confinement under statutes;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts;

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 penalty shall be additionally collected for the reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. and the types 1 [the scope of recommendations], the number of self-denunciation, the important cooperation in investigation, and the second crimes of the same criminal record (not less than the suspension of execution for not more than 3 years) in the mitigation area (8-1 year and 6 months), including the area of mitigation (the scope of recommendations), the number of self-denunciation (the scope of persons under special mitigation) in the mitigation area (6-1 year and 16 months), the number of self-denunciation, the important cooperation in investigation / the same criminal record (the suspension of execution for not less than 3 years), and the third crimes of the same kind (the scope of recommendations) in the mitigation area of punishment under Article 67 of the Act on the Control of Narcotics, etc.