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(영문) 대구지방법원 2015.02.05 2014고단6710

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 to 11 shall be confiscated.

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

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On December 16, 2014, the Defendant purchased approximately 12.7272 grams from C, a psychotropic drug, at approximately 3,000,000 won, from a psychotropic drug located in the Busan Special Metropolitan City (hereinafter referred to as “cloudon”).

2. On December 18, 2014, at around 10:00, the Defendant injected approximately 0.05 grams in a single-use injection machine located in Daegu Dong-gu, Daegu-gu, by inserting approximately 0.05 grams into water, and administered them in a way of injection into left arms.

3. On December 20, 2014, at around 10:00, the Defendant injected approximately 0.05 grams of oponon into a single-use injection machine located in Daegu-dong-gu D, Daegu-gu, 302, with water, and administered them to the left arms.

4. On December 22, 2014, the Defendant: (a) around 15:25 on December 22, 2014, kept approximately 5.3487 Handphones in front of Daegu Dong-gu G in nine of a single-use injection instrument; (b) kept approximately 7.2785 g of a phiphones by inserting them in a bags, and kept and possessed 12.627 g of a phiphones.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Test results;

1. Stockholm photographs;

1. Reporting on an investigation (calculated additionally), and the application of Acts and subordinate statutes governing monthly trends of narcotics;

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc., of the relevant Article of the Act on the Control of Narcotics, etc. concerning criminal facts;

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

1. The main sentence of Article 67 of the Narcotics Control Act;

1. Crimes 1 [the range of recommending punishment] for the reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. [the scope of recommending punishment] for the crimes of Type 2 (the scope of marijuana, natives (b), items (c) and (c), etc.) [the scope of recommending punishment] for important investigation cooperation / [the scope of recommending punishment] for types 3 (b) and 1.6 (the items (c) and (c) of the items) of medication, simple possession, etc. (the scope of recommending punishment] for the mitigated area (6-1.6 months) of the mitigated area (6-1.6 months) of the Act on the Control of Narcotics, etc. [the scope of recommending punishment] for the crimes of Part 3 [the scope of recommending punishment] for medication, simple possession, etc.