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(영문) 대구지방법원 2013.03.08 2012고단4816

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

【2012 Godan4816】 The Defendant was sentenced by the Daegu District Court on May 11, 2010 to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence on May 4, 201.

Defendant is not a narcotics handler.

Nevertheless, at around 15:00 on August 8, 2012, the Defendant injected approximately 0.03g of psychotropic drugs, which were received without compensation from D, into a single-use injection machine, and dilution water to left arms.

【2013 Highest929】 The Defendant is not a narcotics handler.

On June 2012, the Defendant injectedd 0.06g of psychotropic drugs, which were received without compensation from D, from the toilet of the first floor of the building in Daegu-si Eetype, Daegu-si, and administered them to the Defendant’s left arms using a disposable injection equipment, after dilution with aquatic water.

Summary of Evidence

1. Previous convictions indicated in the judgment: Criminal records, investigation reports (unified and confirmed records), copies of the judgment 2010 highestest 973, and records of personal identification and confinement status A / 2012 highest 4816);

1. Defendant's legal statement;

1. An investigation report (report accompanying relevant records);

1. Written test report, test report 【2013 Highest 929】

1. Defendant's legal statement;

1. Copy of the protocol of suspect examination of D by the police;

1. Copy of the statement made to D by the police;

1. Application of Acts and subordinate statutes governing requests for appraisal;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. According to the sentencing guidelines under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., the crime of this case constitutes Type 3 (f) among the medications, simple possessions, etc. of the narcotics crime group, and the scope of the recommendation sentence is from 1 year to 4 years (referring to 1 year to 1 year, 200, 2000).

The crime of this case is a crime that cannot be socially used.