beta
(영문) 대구지방법원 2014.08.28 2014고단2742

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

300,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection.

Reasons

Punishment of the crime

1. On May 15, 2014, at around 18:00, the Defendant received approximately 0.05g of psychotropic drugs, which are psychotropic drugs sealed by D in the white paper, from the top of the community credit cooperatives located in the Daegu Suwon-gu Newdong, for free, at least 0.05g of psychotropic drugs (i.e., a single philopon; hereinafter referred to as “philopon”), and around 19:00 on the same day, the Defendant administered them by means of inserting approximately 0.05g of philopon into the vehicle and dilution them into the body.

2. At around 14:00 on May 20, 2014, the Defendant received, without compensation, approximately 0.05 g of philopon from D in a single-use injection room located in the Mamoto-gu 305 room, and administered them by means of inserting approximately 0.05 g of philopon into a single-use injection machine from 308 the same Mamoto-phone into a single-use injection machine, and dilution them with water.

3. On May 21, 2014, at around 23:00, the Defendant received approximately 0.05 gopon from the above EM 305, without compensation, from the said D, and put about approximately 0.05 gopon into a single-use injection machine from 308 of the same Maur Maur Maur Maur 308, and dilution with water, and administered them in the way of injection into the arms.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

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

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts (Selection of Imprisonment with prison labor);

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

1. The proviso to Article 67 of the Narcotics Control Act;

1. Type 2 crime for the reason of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment (Article 334(1) of the Act on the Aggravated Punishment, etc. (Scope of Recommendation), Type 1 (Article 334(1) of the Act on the Aggravated Punishment, etc.) (Article 33 of the Act on the Aggravated Punishment, etc.) (Article 3 of the Act on the Aggravated Punishment, Article 34(1) (Article 3 of the Act on the Aggravated Punishment, etc.) that has no basic area (Article 2 of the Act on the Aggravated Punishment, Article 34(1) (Article 3 of the Aggravated Punishment,