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(영문) 대구지방법원 포항지원 2016.04.21 2015고단1105
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

20,000 won shall be additionally collected from the defendant.

The provisional payment of the amount equivalent to the above additional collection.

Reasons

Punishment of the crime

[2015 Highest 1105] The Defendant, even though not a handler of narcotics, administered them in a way that the Defendant was in possession of, on September 5, 2015, in a manner that could not be known at the Defendant’s residence, at 506 Dong-dong 1402, North-gu, North-si, North-si, North-si, North-si, 1402, by hanging approximately 0.01g of Metropha (one philopon) to a coffee.

[2016 Highest 58] On October 8, 2015, the Defendant administered narcotics, etc., in an indoor package, in which the trade name near F in Busan Shipping Daegu is unknown, even though the narcotics handler knows, in a way that the me cannot identify the meconcule (one phiphone) who is a local mental medicine, in the way of burning the meconcule into the beer.

Summary of Evidence

[2015 Highest 1105]

1. Statement by the defendant in court;

1. Results of the inspection of simplified reagents by a private person ( September 6, 2015);

1. Each investigation report (Attachment to the country's report on the defense of a suspect A and results of water appraisal; Attachment to the results of suspect A's maternity appraisal); and a copy of a request for appraisal and response to the request for appraisal attached thereto;

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a report on the self-defense of the person under investigation) and a copy of a report on poisonous substances attached thereto;

1. Articles 60(1)2, 4(1), and 2 subparag. 3(b) of the Act on the Management of Narcotics, Etc. and Selection of Punishment for Criminal Facts, and Selection of Imprisonment, respectively;

1. Aggravation of concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes against the Act on the Control of Narcotics, Etc. due to the medication of philophones on October 8, 2015 with heavy criminal situation];

1. The proviso to Article 67 of the Narcotics Control Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (amended by Presidential Decree No. 334(1) of the Criminal Procedure Act (amended by Presidential Decree No. 10688, Oct. 1, 200) is for a simple medication (amended by Presidential Decree No. 1069, Oct. 1, 200). There is no basic area (amended by Presidential Decree No. 1069, Oct. 2, 200).

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