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(영문) 대구지방법원 포항지원 2016.11.24 2016고단1225

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On December 25, 2015, at around 22:00, the Defendant injected approximately 0.03g of psychotropic drugs, which are psychotropic drugs contained in a single-use injection machine, in his/her dwelling area, Kimpo-si B (D) Dong 302, and injected them into arms after dilution with raw water.

2. The Defendant, at around 10:00 on January 6, 2016, administered approximately 0.03 ghonphones contained in a single-use injection at the same place as Paragraph 1, by means of dilution with raw water and injection into arms.

3. The Defendant, at around 01:00 on January 8, 2016, administered approximately 0.03 ghonphones contained in a single-use injection at the same place as Paragraph 1, by means of dilution with raw water and injection into arms.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Police seizure records;

1. Each request for appraisal, each further report on a request for appraisal;

1. Application of Acts and subordinate statutes to investigative reports (such as fingers and photographs, etc.);

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., for which the pertinent law and the choice of a sentence are applicable to crimes, and choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment of concurrent crimes as provided for in the Act on the Control of Narcotics, etc. on December 25, 2015, with the largest penalty);

1. Article 62 (1) of the Criminal Act;

1. Probation and order to attend a course under Article 62-2 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of recommendation] medication, simple possession, etc. of the sentence of Article 334(1) (Article 334(1) of the Criminal Procedure Act, which does not fall under the basic area (Article 3(10 months of imprisonment or 10 months of imprisonment or 2 years of imprisonment) [the decision of sentence] [the decision of sentence] unfavorable: repeatedly committed the crime of this case in three times, the circumstances favorable to the fact that the sentence of this case and the suspended sentence have been achieved due to the same kind of crime are simple medication, and the error is reflected in recognizing the crime