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(영문) 대구지방법원 2015.01.22 2014고단6428

마약류관리에관한법률위반(향정)

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

Defendants are not narcotics handlers.

1. Defendant A

A. At around 00:00 on November 23, 2014, the Defendant administered the DNA apartment 701 Dong 602, Daegu Northern-gu, Daegu-gu, by means of dilution into the water in a single-use injection machine and injection into the left-hand sprink by dilutioning the water into the water in a single injection machine.

B. At around 07:00 on November 23, 2014, the Defendant administered the remaining phiphones in the house above B by dilution them with water in a single-use injection machine, and in a way of injection into the left bloodline.

2. At around 06:00 on November 23, 2014, Defendant B administered the instant Defendant’s house in a manner of dilution with water in a single-use injection machine and in injection into the left-hand arms by dilution with water.

Summary of Evidence

1. Defendants’ respective legal statements

1. Records of seizure and the list of seizure;

1. On-site photographs;

1. A photograph of each trace of injection;

1. Application of Acts and subordinate statutes as a certified appraiser or a certified copy of the session of the National Scientific Investigation Institute;

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 the relevant Acts on criminal facts;

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

1. Defendants on probation: Article 62(1) of the Criminal Act

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

1. Additional Defendants: Grounds for sentencing under the proviso to Article 67 of the Narcotics Control Act;

1. Sentencing criteria;

(a) Class A 1 crime (the scope of a recommendation), medication, simple possession, etc. of Defendant A (the scope of a recommendation), Type 3 (f) (b) and Type 3 (f) and c) (10-2) of the basic area (10-2) [the scope of a recommendation] [the scope of a recommendation] medication, simple possession, etc., and the basic area (10-2) of Type 3 (b) and (c) (10-2) of the basic area (10-2) of the punishment: 10-3 years;

B. Defendant B (the scope of recommendations) medication, simple possession, etc.