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(영문) 대구지방법원 2015.09.24 2015고단3777
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence 1 to 12 shall be confiscated, respectively.

From the defendant, 300.

Reasons

Punishment of the crime

On August 21, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on January 21, 201, and completed the execution of the sentence at the Syang detention center on June 27, 2015, and was not a person handling narcotics.

1. On August 19, 2015, the Defendant issued approximately 0.05 grams of psychotropic drugs to D at the residence of the third floor of the Daegu-gu Building C, Daegu-gu, 19:00, in a way that the Defendant put approximately 0.05g of psychotropic drugs into a single-use injection machine with D and injected them into the body by dilution, respectively.

2. On August 5, 2015, the Defendant, at around 21:00, delivered 0.05 gramphones to D at the residence of the above D, and administered phiphones by inserting approximately 0.05 grams of phiphones into a single-use injection machine with D and dilution with water, respectively.

3. At around 22:00 on August 10, 2015, the Defendant: (a) delivered 0.05 gramphones to D at the residence of the above D; and (b) administered phiphones by inserting approximately 0.05 grams of phiphones into a disposable injection machine for use with D and in injection with water.

4. On August 11, 2015, the Defendant, around 19:20, posted approximately 2.281 grams in the instant D’s residence by dividing them into five in a transparent vinyl paper, and kept them in a virtual phone, and carried a phiphone.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol of suspect examination of D by the prosecution;

1. Copy of the protocol of suspect examination of D by the police;

1. Records of seizure and the list of seizure;

1. Written statement of the prosecution and the prosecutor’s seal;

1. Each test report;

1. Previous records of judgment: Criminal records, inquiry records, personal identification records, application of Acts and subordinate statutes;

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 the relevant criminal facts and the Selection of Punishment;

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. Confiscated narcotics;

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