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(영문) 대구지방법원 2017.09.22 2017고단2528
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

30,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. Crimes committed on November 22, 2016;

A. On November 22, 2016, the Defendant provided philophones in collusion with C in collusion with C by inserting approximately 0.05g of Malograms (one philophones; hereinafter referred to as “philophones”) a part-time in a single-use injection machine and dilution them into the body of the body of C, such as the body of arms, etc. in a mutual in a non-fluoric telecom room located in the Changwon-si Mapo-si, Changwon-si, Changwon-si.

B. The Defendant administered philophones by inserting approximately 0.05 g of philophones into a single-use injection machine at the time and place described in the above paragraph (a) and dilution them with water to the left-hand arms.

2. On April 20, 2017, the Defendant administered philophones by inserting approximately 0.05g of philophones into a single-use folder and dilution them into the left-hand arms at around April 20, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Police seizure records and list of seizure;

1. A statement on narcotics appraisal (inception of narcotics);

1. Additional replys to requests for appraisal and the application of Acts and subordinate statutes on narcotics appraisal;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act, Article 30 of the Act on the Management of Narcotics, etc. for the Fact-finding and the Selection of Punishment, and Selection of Punishment

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

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Management of Narcotics, Etc. [the scope of recommended punishment] 3 types of punishment (one year to three years) in the area of aggravation (one year to three years), the area of aggravation (one year to three years) / [the decision of suspension of execution within three years] / the defendant was sentenced to a suspended sentence of imprisonment for a drug crime in the previous case, and again committed each of the crimes of this case during the suspended sentence, and the defendant was sentenced to a suspended sentence of imprisonment for a drug crime in the previous case, and the number of narcotics administered by the defendant three times is disadvantageous.

No. 3.

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