beta
(영문) 대구지방법원 2016.02.16 2014고단2428

마약류관리에관한법률위반(향정)

Text

1. The defendant shall be punished by imprisonment for two years;

2. 20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Defendant

On November 30, 2010, A was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on the part of November 30, 201 and completed the execution of the sentence on December 19, 201.

1. On January 1, 2012, the Defendant, at around 17:30, issued to E, a franchising room located in Daegu Nam-gu, Daegu-gu, a Metetoty clock (hereinafter referred to as “philopon”), a local mental medicine product purchased from a person in terms of his/her name and injury.

2. The Defendant, at the above time and place, administered the said philophones by inserting them once again into a single-use injection machine, and dilution them into the Defendant’s arms.

3. On February 12, 2012, the Defendant: (a) delivered a disposable injection device from the Jin-gu, Busan to F, which contains a large amount of philopon, around 18:15 to 18:37.

Summary of Evidence

1. Statement of each protocol of examination of witness G, E and H in the protocol outside the trial;

1. A protocol concerning examination of partially the police in relation to F;

1. A protocol of seizure and a list of seizure;

1. Details of each currency, each map, each response to a request for appraisal-written appraisal, and report on investigation (calculated additionally);

1. Previous convictions in judgment: Application of inquiry, investigation report (report on the same kind of force judgment against the suspect A) Acts and subordinate statutes;

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. under the relevant Act on criminal facts;

1. Selection of each sentence of imprisonment;

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. Scope of recommendation of reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. - Class 1 crime [the scope of recommendation] - Category 3 (1 to 3 (2)) in the area of aggravation (1 to 3 years) in the area of aggravation (1 to 3 years of special aggravation) in the area of aggravation (1 to 3 years of suspension of execution) - Class 2 crime [the scope of recommended punishment] in the area of aggravation (1 to 3 years of special aggravation) in the area of aggravation (1 to 3 years of punishment] in the area of aggravation (1 to 3 years of special aggravation] in the area of aggravation (1 to 3 years of suspension of execution within 3 years of sentence).