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(영문) 대구지방법원 2015.01.15 2014고단6371
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

530,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On June 28, 2011, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Control of Narcotics, Etc. in the Daegu District Court on March 20, 2011, and completed the execution of the sentence in the Ansan Prison on March 20, 2013.

1. At around 23:00 on May 2014, the Defendant administered a psychotropic drug 0.03g of psychotropic drugs, which were received without compensation from E, at the “D” restaurant operated by the Defendant in Gohap-gun, Nam-gun, D, by dilution the aquatic organism into one-time injection machine, and injection the aquatic organism into the Defendant’s body.

2. On October 26, 2014, the Defendant: (a) decided to purchase writing phones from the above E; (b) transferred KRW 230,000 to the account designated by E on the same day; and (c) KRW 200,000,000 to the account around November 1, 2014; (d) on October 27, 2014, around 18:00, the Defendant purchased the phiphone from E on the front of the Blutol on the road located in the Bluan-gun of the Gyeongbuk-gun, Gyeongbuk-do.

3. On the same day, the Defendant, set up in front of the above elderly Tolart on the same day, administered part of the phiphones purchased from E in a passenger car as above, by dilutioning a part of the phiphones purchased from E into one-time divers and injecting it into the Defendant’s body.

4. On November 2, 2014, at around 23:00, the Defendant administered a medication in a DNA restaurant operated by the Defendant in Gohap-gun, Chungcheongnam-gun, by dilutioning the remaining philopon’s non-phones into the Defendant’s arms by dilution them into a single-use injection machine, as set forth in paragraph 3.

Summary of Evidence

1. Defendant's legal statement;

1. A narcotics appraisal statement;

1. Details of passbook transactions and telephone calls;

1. Previous convictions in judgment: The application of Acts and subordinate statutes as a result of inquiry and search of prisoners;

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc., of the relevant Article of the Act on the Control of Narcotics, etc. concerning criminal facts;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The reason for sentencing in the proviso of Article 67 of the Act on the Control of Narcotics, etc.

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