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(영문) 대구지방법원 2013.05.23 2013고단1898

마약류관리에관한법률위반(향정)

Text

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

1.6 million won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On April 6, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Daegu District Court on April 6, 201, and was on February 3, 2012 and completed the execution of the said sentence in the Daejeon Prison on February 3, 2012, and was not a person handling narcotics.

1. At around 17:00 on March 30, 2012, the Defendant administered DNA 201 room located in Daegu Seo-gu, Seo-gu, in a way that psychotropic drugs mix approximately 0.03 g of Melopon (one philopon; hereinafter “philopon”) with water in a single-use injection machine, and in a way that the Defendant injected the left part of the blopon into the bloodline.

2. On January 1, 2013, the Defendant: (a) received a request from E, a man of society, to seek writingphones; and (b) received KRW 1.5 million from E as the purchase price for writingphones; and (c) mediated E to purchase and sell phiphones, thereby arranging E to trade phiphones. < Amended by Act No. 11365g, Feb. 7, 2013; Act No. 1500, Feb. 7, 2013; Act No. 1500, Jan. 1, 2013; Act No. 1500, Mar. 365g, 201; Act No. 11606, Feb. 7, 2013; Act No

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of suspect interrogation of the accused by the prosecution (including E statements);

1. Statement of the prosecutorial statement concerning I;

1. Statement of the police statement of E;

1. A report on investigation;

1. Requests for appraisal;

1. Seizure record and list;

1. Previous records: Application of criminal records, investigation reports (the date of release, confirmation of the date of release and attachment of a copy of judgment);

1. Relevant Article of the Act on the Control of Narcotics, etc. (Amended by Act No. 10786, Jun. 7, 2011); Articles 60(1)3, 4(1), and 2 subparag. 4(b) (Article 60) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201); Articles 60(1)2, 4(1), and 2 subparag. 3(b) (Article 2 subparag. 3(b) of the Act on the Control of Narcotics, etc. (Article

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

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

1. Article 67 of the Act on the Control of Narcotics, etc.;