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(영문) 대구지방법원 2012.12.14 2012노3322
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence 2 or 3 shall be confiscated.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one year and two months of imprisonment) is too unreasonable.

2. Ex officio determination (the part of the violation of the Road Traffic Act in its original judgment);

A. The facts charged on the violation of the Road Traffic Act concerning the violation of this part of the facts charged are written in the form of citing the crimes of philophone medication in the preceding three times in the process of indicating “the state in which the normal operation of a medicine is unlikely”. Thus, the facts charged on the medication part among the crimes of violation of the Act on the Control of Narcotics, etc. (flag) in the preceding three times should also be described in this part.

① Around May 14, 2012, the Defendant injected approximately 0.07 ghon from the former Nudio 503 popon into a single-use injection machine, dilution it with water; ② around May 15, 2012, the Defendant injected approximately 0.07 ghon from the above N’s 503 room to the single-use injection machine, dilution it with water; ③ from the above 503 room to the above 503 room, the Defendant mopon into a single-use injection machine; and ③ from the above 503 room to the 503 mopon mopon don don don don don don don don don don don don don don don don don don don don don don don don don don don don don don hon don don don don don don don hon hon hon.

B. The lower court found the Defendant guilty of this part of the facts charged by comprehensively taking account of the evidence in its judgment.

C. ex officio of the decision of the political party, the reason behind the violation of Article 150 subparagraph 1 of the former Road Traffic Act (amended by Act No. 10382, Jul. 23, 2010) is that the latter is normal due to drugs in violation of the provisions of Article 45.

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