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(영문) 대구지방법원 안동지원 2019.09.18 2019고단424
마약류관리에관한법률위반(향정)
Text

Defendants shall be punished by imprisonment for ten months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

No person other than a person handling narcotics shall trade, assist in the trade of, give or receive, possess, possess, use, control, prepare, administer, or provide, psychotropic drugs or other psychotropic drugs containing their substance.

Defendants are not authorized to handle narcotics.

1. At around 20:00 on July 12, 2019, Defendant A, at the Defendant’s residence located in Andong-si c apartment, and subparagraph d, inserted the non-fluorial volume of mert cam (one philopon; hereinafter “philopon”) into the World Cup, and administered it by drinking water.

2. Defendant B, as described in paragraph (1), was administered in a way of drinking water on the instant cups, which contain both the date and time, place, and part of the penphones A being sealed, and the remaining part of the penphones after A being administered, as described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Requests for appraisal;

1. Application of Acts and subordinate statutes to investigation reports (the results of preliminary appraisal by national and national defenses), investigation reports (Attachment to Table 112 for Handling Reports);

1. Defendants of the relevant Article on criminal facts and the choice of punishment: Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Narcotics Control Act, and the choice of imprisonment, respectively;

1. Defendant A who is legally mitigated: Articles 52 (1) and 55 (1) 3 of the Criminal Act;

1. Defendants who hold a suspended sentence: Article 62(1) of the Criminal Act (see, e.g., favorable circumstances for sentencing following the following grounds);

1. Order to take probation and attend lectures under Article 62-2 of the Criminal Act (order to take probation and pharmacologic treatment for the prevention, etc. of recidivism);

1. The Defendants: The proviso of Article 67 of the Narcotics Control Act; and

1. Defendants of the provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act

1. Defendant A

(a) Scope of punishment by law: Imprisonment with labor for one month to ten years;

(b) The scope of recommendations according to the sentencing criteria (decision of types): 01. Medication, simple possession, etc. (Type 3).

Items c) and c.

Bads (special spists)

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