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(영문) 대구지방법원 포항지원 2015.01.07 2014고단784 (1)
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

1. On August 1, 2013, the Defendant, at around 13:00 on August 1, 2013, posted the 'E' telephone in Da on the racing-si on August 1, 2013, and 0.03g of the single-use injection machine (hereinafter referred to as the 's telephonephone’) into 'E' telephones, and added 0.03g of the single-use injection.

Accordingly, the Defendant and C conspired to administer psychotropic drugs even though they are not authorized to handle narcotics.

2. Around August 2, 2013, the Defendant violated the Act on the Control of Narcotics, etc. (fence) with C on August 2, 2013, the Defendant, at around 01:0 on August 2, 2013, put in the “G” office operated by Defendant C, located in North-gu, Northern-si, Pohang-si, in two for the disposable injection machine (hereinafter referred to as “ponononononon”), added 0.03g in two for the disposable injection machine, and injected them with raw water, respectively.

Accordingly, the Defendant and C conspired to administer psychotropic drugs even though they are not authorized to handle narcotics.

Summary of Evidence

1. Defendant's legal statement;

1. Statement about C in the first protocol of trial;

1. The police suspect interrogation protocol of H;

1. Police seizure records;

1. An investigation report (receiving a response to a request for appraisal), a report on an investigation (the results of a suspect C's written expert opinion), a report on an investigation (the addition to a request for a suspect C's expert opinion) and a report on an investigation;

1. Application of Acts and subordinate statutes to seized articles, the photograph of a arms and legs A, and a written test of urines;

1. Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., and Article 30 of the Criminal Act concerning the relevant criminal facts and the selection of a sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;

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

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommendations] medication, simple possession, etc.

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