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(영문) 대구지방법원 2015.10.28 2015고단4186

마약류관리에관한법률위반(향정)

Text

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

300,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On July 20, 2015, the Defendant provided a disposable injection device for psychotropic drugs with approximately 0.05g of psychotropic drugs from the F-authorized-type car operated by the Defendant in the vicinity of the E-university located in Gumi-si, Gumi-si (hereinafter “Wil-phone”) around 0.05g of psychotropic drugs.

2. Medication of phiphones.

A. At around 12:00 on July 21, 2015, the Defendant injected approximately 0.05g of philopon from the Defendant’s house located H and 201, into a single-use injection machine, and injected it into the Defendant’s arms.

B. On September 6, 2015, the Defendant was above the Defendant around 12:00.

A. approximately 0.05 g philophones at the same place as described in the paragraph.

Medication was administered in the same manner as described in the paragraph.

Summary of Evidence

1. Statement of each prosecutor's protocol of interrogation of the accused in each prosecutor's office (in the case of the third prosecutor's protocol of interrogation, including G's statement);

1. Statement of the second police interrogation protocol concerning G in the police officer interrogation protocol;

1. Application of the Acts and subordinate statutes stated in the investigation report (A and monetary records) and the test report;

1. Relevant Article of the Act on the Control of Narcotics, etc. and Articles 60 (1) 2 and 4 (1) 1 of the Act on the Control of Narcotics, Etc., for which the relevant provision of the Act and the selection of a punishment

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

1. The second crime that has no basic area [the scope of recommending punishment] (one to two years) (one to two years) of the basic area (one year to two years) (one year to one year), including the sale, purchase, good offices, etc. of types 1 to 15 years of imprisonment [the scope of recommending punishment] under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommending punishment] 3 (b) and (c) of the basic area (one to two years) of medication, simple possession, etc. (one to two years) of the basic area [the scope of recommending punishment] under the proviso of Article 67 of the Act on the Control of Narcotics, etc. [the scope of recommending punishment] 3 crimes that have no basic area (one to two years), such as medication, simple possession (one to ten (b) and (c) of the 10 to two years).