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(영문) 대구지방법원 2020.06.10 2020고단1828

마약류관리에관한법률위반(향정)

Text

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

From the defendant, one divers, one divers, and one divers.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On February 7, 2020, at around 01:00, the Defendant received approximately 0.07 goponon, which was parked in front of the “C” store located in Seo-gu, Daegu, Seo-gu, Seoul, for the Defendant’s body-wide car, and 0.07 gopon, which was sealed by D on the paper.

2. On February 7, 2020, around 18:50, the Defendant issued and accepted the foregoing string passenger car parked in front of the cafeteria “F” restaurant located in Daegu Seo-gu E, and one string machine containing approximately 0.07 g of philopon to G.

3. On February 16, 2020, at around 21:00, the Defendant received a disposable injection device from D, which included approximately 0.07 g of philopon in front of the “C” store located in Seogu Seo-gu, Daegu-gu, Seo-gu.

4. Around 21:00 on February 28, 2020, the Defendant: (a) provided the foregoing body car parked in front of the restaurant of “F” located in Seogu-gu, Daegu-gu; (b) provided H with approximately 0.07 g of philopon free of charge; and (c) received it.

5. On March 25, 2020, at around 23:40, the Defendant administered the foregoing physical car parked in front of the cafeteria “F” restaurant located in Daegu-gu, Daegu-gu, by means of dilution of approximately 0.07 g of philopon into its contaminated arms by dilution.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure, list of seized articles and guns of the police;

1. Investigation report (the result of a simplified test on the base of the suspect, posp photographs of the suspect, replys to the results of appraisal on the base of the suspect - result of the urinal test);

1. On-site report (the details of the text message sent and received with the suspect D) (the content of the message sent and received with the upper line D) (the content of the message given and received with the G, H or I - digital evidence analysis response, and USB);

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

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

1. From among concurrent crimes, the first sentence of Article 37, Article 38(1)2 and Article 50 of the Criminal Act, and the same shall apply to the receipt and delivery of narcotics from D on February 7, 202 with the largest crime committed.