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(영문) 대구지방법원 서부지원 2016.08.11 2016고단1419

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

【The Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Narcotics Control Act at the Daegu District Court on January 12, 2007, and was sentenced to a fine of two million won for a violation of the Narcotics Control Act at the Seoul Western District Court on November 16, 2007, and was sentenced to one year for a violation of the Narcotics Control Act at the Daegu District Court on May 26, 2009, and was sentenced to one year for a violation of the Narcotics Control Act at the Daegu District Court on May 26, 2009. On August 21, 2013, the Defendant was sentenced to a conditional suspension of indictment for a violation of the Narcotics Control Act at the Daegu District Court on February 5, 2015, and was sentenced to one year and two months for a violation of the Narcotics Control Act at the Daegu District Court on February 1, 2015, and was not the execution of the sentence at the Busan District Court on December 1, 2015.

[Criminal Facts]

1. On July 14, 2016, at around 18:30, the Defendant administered a drug by dilution 0.045g of Mempha Mempha (Metmphamine, so-called “propopon” or “propungiihh”), a local mental medicine, which was in possession of the Gu-gu Seo-gu, by means of dilutioning 0.045g of Mempha into the left-hand Memptoum in a disposable injection machine.

2. On July 15, 2016, the Defendant administered, at the same place as indicated in the preceding paragraph, around 18:30 on July 15, 2016, approximately 0.045 g of Mesptop crums in a single-use divers, in a way that divers into the left-hand stuff and injects into the blood body.

Summary of Evidence

1. Statement by the defendant in court;

1. Daegu Public Health and Environment Research Institute:

1. A protocol of seizure and a list of seizure;

1. Previous conviction: A reply to inquiry, summary information of the case, and application of the text of the judgment, such as criminal history;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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. Four times for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. shall be considered to be the same offense.