beta
(영문) 대구지방법원 2015.08.20 2015고단2216

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 3 shall be forfeited from the defendant.

from the defendant.

Reasons

Punishment of the crime

The defendant, at the Daegu District Court on June 5, 2007, has the same record as being sentenced to a suspended sentence of three years for a year of imprisonment for a violation of the Act on the Control of Narcotics, Etc., and is not a person dealing with narcotics.

1. On February 2, 2015, at D’s house located in Daegu Northern-gu C, at around 21:00, the Defendant administered the Defendant’s right-hand drug by dilutioning the Metepopic gram (one philophone; hereinafter referred to as “philophone”) purchased from E around that time by inserting it into a one-time injection instrument and inserting it into the Defendant’s right-hand arms.

2. On February 2015, the Defendant administered 21:00 popon grams purchased from E at the same place as Paragraph 1, in the same manner as the preceding paragraph.

3. On March 2015, the Defendant administered 22:00 pactphones purchased from E at the same place as that of paragraph 1, in the same manner as the preceding paragraph.

4. Around 22:00 on May 11, 2015, the Defendant administered a philoopon’s gram, purchased from E, from the Abridged vehicle owned by the Defendant, parked on the road adjacent to the Daegu Northernbuk-gu, Daegu Northern-gu in the same manner as the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of a police officer against AD (second time);

1. Test results and each request for appraisal;

1. Application of Acts and subordinate statutes to each investigation report (the attachment of a photograph for a disposable dives used as a seized article, and the report on the calculation of an additional collection charge);

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., concerning facts constituting an offense, and the choice of imprisonment, respectively;

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 Act on the Management of Confiscated Narcotics;

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. The punishment shall be aggravated for multiple offenders who have no basic area (10 to 2 years) (10 to 10 years) of the basic area (10 to 2 years) of category 3 (the scope of recommendations), including medication, simple possession, etc.