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(영문) 대구지방법원 2015.12.17 2015고단4136
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On November 27, 2014, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court sentenced to a suspended sentence of two years on December 5, 2014, but the said judgment became final and conclusive on December 5, 2014, but the said suspended sentence was revoked on July 28, 2015 and is currently being executed.

Notwithstanding the fact that the Defendant was not a narcotics handler, on April 14, 2015, from April 23, 2015 to April 23, 2015, the Defendant administered narcotics in a place where it is impossible to identify the quantity of psychotropic drugs, such as Daegu or Youngcheon, in a manner that it is impossible to identify the quantity of the psychotropic drugs, such as the psychotropic drugs.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of each prosecutor's protocol of examination of the defendant against the defendant;

1. The report on the result of the drug reaction test, the report on appraisal, the entry and departure of each individual, the details of telephone calls, data on the location of the sending base station, records of probation, telephone records, telephone records, questions and answers during which appraisal of whether a meram is administered or not, copies of the scientific information on narcotics, and each inquiry report;

1. Investigation report (calculated on additional charges), and monthly trend of narcotics;

1. Previous convictions: Criminal history records, a copy of the judgment, the written decision to revoke the suspension of execution, and three copies of the case progress of the court [the defendant and his defense counsel asserted that there was no fact that he administered phiphones by himself at the time of the crime stated in the above criminal facts. However, the following circumstances acknowledged by the evidence adopted by the above-mentioned evidence are found as follows; i.e., phiphones are detected by camines even after 30 minutes after administration and about 10 days after administration; i.e., the response from the defendant's urine taken by the Daegu Probation Office on April 23, 2015; i.e., the response from the defendant's urine training taken by the Daegu Probation Office on April 23, 2015; and i.e., the fact that the defendant administered mephones as stated in the above criminal facts. Accordingly, the above assertion is not accepted.].

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