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(영문) 대구지방법원 서부지원 2017.03.30 2016고단2699

마약류관리에관한법률위반(향정)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a three-year suspended sentence for a violation of the Narcotics Control Act at the Jung-gu District Court on November 20, 2009, and was sentenced to a two-year and six-month imprisonment for the same crime in the Busan District Court’s Dong Branch Branch on July 16, 2010, and the judgment became final and conclusive on November 30, 2010, and the execution of the sentence was completed in the third intersection of the North Korean Branch on September 27, 2015.

[Criminal facts]

1. On March 5, 2016, the Defendant: (a) received a single-use injection device from E with approximately 0.07 grams, which is a local mental medicine, from E, in front of the “D” company located in Daegu-gu, Daegu-gu, and received from E, without compensation, a single-use injection device containing approximately 0.07 grams.

2. The Defendant attempted to administer a philophone by injecting the disposable injection device received from E, such as the date, time, place, and time set forth in paragraph 1, into the Defendant’s arms, but the philophone did not enter the philophone on account of an insular reason.

Accordingly, the Defendant had, after one to two hours from one another, E take another for another for the use of the instant philopon into the Defendant’s arms, but did not find the blood center, but did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the prosecution and the police interrogation of the accused;

1. Statement made by the prosecution and the police concerning E;

1. Application of Acts and subordinate statutes to seized objects as a result of a reply to a request for appraisal, a narcotics appraisal report, a gene appraisal report, or an information search on DNA identity verification;

1. Article 60(1)2, Article 4(1)1, Article 2 subparag. 3(b) of the Act on the Selection and Control of Narcotics, Etc. (the giving and receiving of Mesphers) concerning criminal facts, Article 60(1)2, Article 4(1)1, Article 2 subparag. 3(b), and Article 2 subparag. 3(3) of the Narcotics Control Act (the number of Mesphersphersphersphersphersphers).