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(영문) 대구지방법원 2016.02.18 2015고단4185
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On March 7, 2015, around 01:30, the Defendant: (a) taken a single-use injection device containing approximately 0.03 g of Melopon (one philopon; hereinafter “philopon”); (b) taken a single-use injection device containing the said philopon at the same place to deliver the melopon to the Defendant’s right arms; and (c) administered the melopon at the same place in a manner that allows C to take the melopon into the Defendant’s right arms.

2. On March 16, 2015, the Defendant was parked on the front road in the south-gu, South-gu, Sinpo-si on March 16, 2015.

In F’s car, a one philophone for a day-to-day injection containing approximately 0.03 g of philophones from F and philophones were received, and immediately thereafter, philophones were administered by inserting them into coffee in a restaurant for “G” in the vicinity.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of the police against C or F;

1. Police seizure records and list of seizure;

1. A test report, a written response to each request for appraisal (a written appraisal, DDA-related, maternity), and a copy of the judgment (C) of the present status of the person who conforms to DNA;

1. Report on investigation (calculated of a surcharge), and application of Acts and subordinate statutes on a monthly trend of narcotics, etc. (verification of market price of cancer transactions);

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, and Article 59 of the Act on the Protection, Observation, etc. of Orders to provide community service and attend lectures;

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

1. The first offense for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc.

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