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(영문) 대구지방법원 2018.07.24 2018고단1994
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

A sum of KRW 100,00 shall be collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

On June 2, 2016, the Defendant was sentenced to one year of imprisonment, two years of suspended execution, and the judgment became final and conclusive on June 10, 2016, but on February 21, 2018, the sentence of suspended execution was revoked and is still serving in the current Daegu Detention Center.

Criminal facts

Defendant is not a narcotics handler.

From December 28, 2017 to January 4, 2018, the Defendant administered the Metepopic volume of the Metepopic amblopon (one philopon), which is a local mental medicine, in an irregular manner, between the Defendant and Daegu or Yongcheon-si.

Summary of Evidence

1. Partial statement of the defendant;

1. A response to a request for appraisal and a report on narcotics appraisal;

1. The investigation report (the sequence 8 in list of evidence);

1. Previous convictions: A written reply to inquiry, such as criminal history, personal acceptance status, sentence, and case search, etc. of B [it is alleged to the purport that the Defendant did not have administered phiphones, but the Defendant, on January 4, 2018, submitted to the Daegu Protection Observation Office, there is no evidence to suspect that the Defendant might have administered phiphones to the Defendant, except that the Defendant borrowed money from the Defendant, there is no reason to believe that there was no ground to believe that the Defendant would have been administered phiphones, except that the Defendant borrowed money.

The application of the law to the defendant's criminal facts is recognized as sufficiently guilty in light of all circumstances, including the fact that the defendant made a statement that he/she did not have any specific statement about the circumstance and that he/she did not feel any reaction, although he/she did not have any specific statement about the circumstance.

1. Criminal facts;

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