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(영문) 대구지방법원 2015.06.19 2015고단2267
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On December 31, 2014, the Defendant: (a) injected a psychotropic drug 0.03g of psychotropic drugs (one philopon; hereinafter “philopon”); (b) administered philopon by means of dilution with a single spopical injection device into arms in the Cirl 208 room located in Cirl 19:10 popon B; and (c) injected a philopon with a single psychotropic drug 0.03glopon.

2. At around 18:00 on January 3, 2015, the Defendant injected 0.03g of philophones from the above Curher 208 room, and then injected philophones by means of infecting 0.03g of philophones into arms using a single-use injection device.

3. On January 4, 2015, at around 20:00, the Defendant injected 0.03g of philopon in the above Curher 208 room, and then injected philopon by means of injecting 0.03g of philopon into arms using a single-use injection device.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. Application of the provisions of seizure protocol, list of seizure, photograph taken of seized articles, and reply to requests for appraisal; and

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the selection of a punishment, respectively;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes;

1. Scope of the recommended sentence according to the sentencing guidelines [the scope of each recommended sentence] : 3 types of medication, simple possession, etc. (10 months to 2 years from 10 months to 2 years) (the scope of the final sentence due to the increase in multiple offenses) that have no basic area (10 months from 10 months to 3 years] (the scope of the punishment following the increase in multiple offenses] 10 months to 13 years;

2. The circumstances are favorable to the Defendant, such as the fact that there is a misunderstanding of the sentence of punishment, the fact that the person committed the instant crime appears to be prone, and the fact that there was no prior crime related to philophones, even though it repeatedly commits the same kind of crime in the business that committed the instant crime.

However, it is stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive for committing a crime and circumstances after committing a crime.

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