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(영문) 대구지방법원 2016.05.19 2016고단930

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The Defendant was sentenced to ten months of imprisonment with labor for a violation of the Narcotics Control Act at the Daegu District Court on July 17, 2015, and completed the execution of the sentence at the Daegu Prison on November 5, 2015, and is not a narcotics handler.

1. On February 29, 2016, the Defendant: (a) had the intention to purchase a phiphone with C; (b) around February 29, 2016, C purchased KRW 100,000,000 from the philophone; (c) around February 29, 2016, C purchased KRW 100,000,000,000,000 from the Defendant and KRW 200,000,000,000,000,000,000 won around the E station located in Daegu Suwon-gu, from the Defendant; and (d) purchased 0.94g of the Melogramop, which is a mental medicine.

Accordingly, the Defendant conspired with C to purchase philophones.

2. Around February 29, 2016, the Defendant administered a philophone medication by dilution approximately 0.03g of philophones purchased in Daegu hydro-gu G, as described in paragraph (1), by inserting approximately 0.03g of philophones, into a single-use injection machine and dilution them into the Defendant’s arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of police seizure and list of seizure;

1. Written requests for appraisal, response to requests for appraisal, and narcotic appraisal;

1. A report on investigation (calculated on an additional collection charge) and monthly trend of narcotics;

1. Previous convictions in judgment: Inquiry about criminal history, personal identification and confinement status, and application of statutes of each judgment;

1. Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Act on the Selection of Narcotics, Etc., Article 30 (1) 2, Article 60 (1) 1, and Article 4 (1) 3 of the Act on the Control of Narcotics, Etc., Article 60 (1) 2, Article 4 (1) 1, Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc., and each decision of imprisonment with prison labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Grounds for sentencing under the proviso of Article 67 of the Narcotics Control Act;