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(영문) 대구지방법원 서부지원 2014.04.11 2013고단1716

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Even if the Defendant is not a person handling narcotics,

1. On June 21, 2013, around 18:00, D 100,000 won and approximately 0.05 g of psychotropic drugs, psychotropic drugs, at the street in the vicinity of the Daegu Suwon-gu apartment complex C, and Matampers (one philophone; hereinafter referred to as oplophones);

2. On June 23, 2013, around 21:00, the Defendant’s dwelling toilets in Seo-gu, Daegu-gu added approximately 0.05g of philopon into a single-use injection machine, as described in paragraph 1, and added up 0.05g of philopon into a single-use injection machine, dilution into the Defendant’s left side cirropium.

Accordingly, the Defendant purchased approximately 0.05 grams, and administered them.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Records of seizure and the list of seizure;

1. Report on narcotics appraisal;

1. The application of replies to inquiries into communication confirmation data, notification of communication data, and requests for investigation cooperation;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

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

1. In light of the fact that the defendant for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc., committed again the crime of this case, even though he had served one time as a sentence for the same crime, one time as a suspended sentence, and that it is judged that isolation from society for the purpose of cutting down the defendant, a sentence shall be imposed on the defendant. However, considering the fact that the crime of this case is related to the purchase and medication at one time, the defendant is presumed to have actively cooperated in the course of investigation and led to the confession of the crime, and that the defendant is supporting