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(영문) 대구지방법원 김천지원 2016.08.25 2016고단533

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

The amount equivalent to the above additional collection charge.

Reasons

Punishment of the crime

The defendant is not a narcotics handler, and a person who is not a narcotics handler shall not receive, administer, or sell the Mesophopa (hereinafter referred to as "philopon") which is a local mental medicine.

1. On February 7, 2011, at around 01:00, the Defendant administered DNA burine c in Kimcheon-si, once, in a way of injection with a single-use injection device using a single-use injection device, by dilution with water after receiving 0.03g from E.

2. On December 5, 2015, the Defendant, at the D’s care room located in Kimcheon-si, Kimcheon-si C, dialon 0.03g of philopon and dilution in water, administered once by means of injection with a disposable injection device for one’s own arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning suspect interrogation of E by the prosecution;

1. A copy of each police statement made to F;

1. Police seizure records;

1. A statement on narcotics appraisal (net 13);

1. Application of Acts and subordinate statutes on telephone call details (F), subscriber identification, suspect and E mobile phone call details (including the location of the sending station), account transaction details, and photograph of the closure of text messages;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. One month to fifteen years from the date of imprisonment with prison labor for a prison labor in law; and

2. Three-months or three-years of imprisonment with labor for a period from 10 months to 2 years (in the case of multiple crimes) from 10 months to 2 years (in the case of multiple crimes), the application of the sentencing criteria [the determination of types] for narcotics medication, simple possession, etc.

3. A sentence of imprisonment has already been sentenced for a crime of the same kind as a sentence of sentence;

In light of the circumstances leading to the crime or the statement made by the defendant at an investigative agency, the degree of addiction and the risk of recidivism is low.

shall not be deemed to exist.

However, the previous convictions of the above punishment shall be the minor punishment of 202.