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(영문) 대구지방법원 2016.08.12 2016고단2424

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence shall be forfeited from the accused.

Reasons

Punishment of the crime

On September 4, 2014, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court for ten months, and completed the execution of the sentence on May 10, 2015.

Defendant is not a narcotics handler.

around 22:00 on May 29, 2016, the Defendant administered 0.03g of the Defendant’s house located in Busan Dong-gu, Busan, by inserting approximately one-time 0.03g of mert clopon (i.e., one philopon) which is a local mental medicine, into a single-use injection machine, and dilution with a raw water and injection into the Defendant’s arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each protocol concerning the examination of the suspect against the accused by the prosecution;

1. Statement made in the police statement protocol with D;

1. Protocols of seizure and list of seizure, replys to requests for appraisal, narcotic appraisal and delivery, respectively;

1. Previous convictions in judgment: Application of respective Acts and subordinate statutes in which inquiries are made, such as criminal history, (A), personal identification and acceptance status, and copies of written judgments;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. concerning facts constituting an offense (the choice of imprisonment with prison labor);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of punishment under the law] 1 to 20 years of imprisonment / [the determination of types] / [the person subject to special sentencing] - the previous conviction of the same kind (not more than 3 years of suspension of execution within 3 years) [the scope of recommendation] 1 to 3 years [the scope of recommendation] - the subject of aggravated punishment / the subject of aggravated punishment / the subject of aggravated punishment / the subject of aggravated punishment / the subject of aggravated punishment ] 1 to 3 years [the subject of general sentencing] - the prior conviction of the same kind of aggravated punishment (not less than 3 years of suspension of execution within 10 years of less than 10 years), or the subject of aggravated punishment (decision of sentence] / the defendant has been punished for crimes related to narcotics several times, and the defendant committed the crime of this case again during the period of repeated crime

In order to report, the North Korean Local Police Agency had been in the defendant's wife.