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(영문) 대구지방법원 2021.03.24 2020고단5938

마약류관리에관한법률위반(향정)

Text

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

1,000,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

On June 27, 2019, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act (compact) in the Seo-gu District Court’s Branch Branch Branch, and completed the execution of the said sentence on April 15, 2020.

Despite the fact that the Defendant is not a narcotics handler, the Defendant dealt with the Metropoper (one philopon; hereinafter “philopon”) which is a psychotropic medicine as follows.

1. On June 5, 2020, the Defendant issued and received approximately 0.15g philopon from the Defendant’s home to D, Daegu-gu Section B, and the Defendant’s home.

2. On June 5, 2020, the Defendant, around June 5, 2020, administered c in a manner that puts the volume of phiphones into a single-use injection machine and dilution water into the arms.

3. On June 14, 2020, the Defendant issued and received approximately 0.2 g philopon to D on June 14, 2020, around 19:30.

4. On June 14, 2020, at around 20:0, the Defendant administered c in such a way as to put the volume of phiphones into a single-use injection machine and dilution with water for injection.

5. On November 6, 2020, the Defendant, at Daegu-gu, and the Defendant’s home, injected philophones into a single-use injection machine and injected them into arms by dilution with water.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. A written appraisal;

1. An investigation report (A contact details and text messages), an investigation report (the withdrawal of cash and a statement of card use at the time of a criminal suspect's offense);

1. Previous convictions in judgment: Inquiry into criminal history records, application of investigation reports (verification of the facts of release from A and attachment of the relevant judgment);

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., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Article 67 of the Act on the Management of Narcotics, etc. for Additional Collection;

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order