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(영문) 대구지방법원 2016.05.12 2016고단1446

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 or 2 shall be confiscated.

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

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. Medication of phiphones;

A. On March 30, 2016, around 20:0, the Defendant administered a phiphone by inserting approximately 0.03g of the Mesofts (one philopon; hereinafter “philopon”) located in Seo-gu Busan, Seo-gu, Busan, and the Melopon in a single-use injection machine, which is a local mental medicine, and in injection into the arms after dilution with water.

B. On April 7, 2016, around 19:00, the Defendant administered phiphones by inserting approximately 0.03g of phiphones into a single-use injection machine, dilution them into the arms at around 0.03g of clophones in Busan Seo-gu, Seo-gu.

2. On April 7, 2016, the Defendant: (a) carried a phiphone in H waiting room located in Daegu Dong-gu G; (b) approximately 2.63g of phiphonephones were divided into one for-use and one for-use plastic bag, and carried a phiphone in a way that they are kept in a household.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Photographs of seized articles;

1. Each response to a request for appraisal, and reply to a request for appraisal;

1. Application of Acts and subordinate statutes to a criminal investigation report (calculated an additional collection charge), an investigation report (the confirmation report pertaining to the crime committed in this case);

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. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The scope of final sentence due to the aggravation of multiple offenses for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommendations] 1, 2, and 3 crimes [the scope of punishment ] , the basic area (10 months to 2 years) (10 months to 3 years) of the Act on the Control of Narcotics, Etc. : The defendant repeatedly committed the instant crimes in which he/she possesses a phiphonephone, even though he/she had a record of being sentenced to imprisonment several times for the same offense.

The defendant acquires philophones in his possession.