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(영문) 대구지방법원 2012.12.18 2012고단4815
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

300,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On August 18, 2011, the Defendant was sentenced to one year of imprisonment for the crime of violation of the Narcotics Control Act, etc. at the Daegu District Court, and completed the execution of the sentence at the Daegu Detention Center on February 8, 2012.

【Criminal Facts】

Even if the Defendant is not a narcotics handler,

1. On March 18, 2012, the delivery shall be made by inserting approximately 0.03g of psychotropic drugs in an injecting machine and dilution into the left part of the D, in a manner of injecting them on March 18, 2012, at approximately 0.03g of psychotropic drugs;

2. On May 10, 2012, at the guest room in which the hotel rooms in Daegu-gu E, Daegu-gu are not known, approximately 0.03g of approximately 0.03g of psychotropic drugs (one penphone; hereinafter referred to as “clophone”) delivered from F among psychotropic drugs, are put in a single-use injection machine, and the dilution is made into the left arms of G, and a phiphone is delivered in such a way that it is not possible to identify, and a phiphone is delivered;

3. At the same date and time as referred to in the preceding paragraph, approximately 0.03 g of phiphonephones delivered from F, have been administered in a way that the Defendant injecteds to his left arms by inserting approximately 0.03gg in a single-use injection machine and dilution with aquatic water.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of G police officers;

1. Statement made to D by the police;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and current status of confinement/taking by individual;

1. Articles 60(1)3 and 4(1) and 2 subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201; hereinafter the same shall apply) concerning criminal facts

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. Grounds for sentencing under the proviso of Article 67 of the former Act on the Control of Narcotics, Etc. (determination of types), including the sale, purchase, brokerage, etc., of narcotics, marijuana and the next return;

Items c) and c.

Aggravations, etc. [Special Aggravations] Aggravations: The Act on the Control of Narcotics, Etc., if applicable.

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