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(영문) 대전지방법원 2013.04.12 2013고단1132

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1, 2, and 3 shall be confiscated.

30,000 won from the defendant.

Reasons

Punishment of the crime

On August 30, 2012, the Defendant was sentenced to imprisonment with prison labor for one year and a fine of one million won for violating the Act on Special Measures for the Control of Public Health Crimes by the Daejeon District Court, and completed the execution of the sentence in the Daejeon Prison on December 28, 2012.

The defendant is not a person handling narcotics.

1. On February 25, 2013, the Defendant received approximately 0.03 g of psychotropic drugs from D, in front of Daegu-gu, Daegu-gu, the Defendant received approximately 0.03 g of psychotropic drugs from E, a high-speed liner.

2. The Defendant administered approximately 0.03 gramopons received from G station toilets located in Daegu-gu, Daegu-gu, by drinking water together with water.

3. On March 5, 2013, the Defendant received approximately 0.06 gramphones from E in front of D, free of charge, and received them.

4. On March 5, 2013, the Defendant administered approximately 0.03g of chophonephones received from G Station toilets in the manner of drinking together with water.

5. On the 16th day of the same month, the Defendant administered approximately 0.03g of chophonephones received from the Defendant’s house in Seo-gu Daejeon, Daejeon, as described in paragraph 3, in a way that flick chophones are sent back to the chophones.

Summary of Evidence

1. Defendant's legal statement;

1. Response to the request for appraisal;

1. Application of Acts and subordinate statutes to a criminal investigation report (a certified copy, etc. of a written judgment) and a criminal investigation report (calculated additionally);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the former Act on the Control of Narcotics, Etc. (amended by Act No. 11690, Mar. 23, 2013) (Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) (Article 2 of the Act on the Management of Narcotics, etc

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 main sentence of Article 67 of the former Act on the Management of Narcotics, Etc. subject to Confiscation (Amended by Act No. 11690, Mar. 23, 2013)

1. Act on March 23, 2013, on the Management of Narcotics, etc. for Additional Collection;