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(영문) 대구지방법원 2017.02.03 2016고단6145
마약류관리에관한법률위반(향정)
Text

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

Nos. 1 and 2 shall be forfeited from the accused.

Reasons

Punishment of the crime

On November 27, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Daegu District Court for one year, and completed the execution of the sentence on August 15, 2016, and is not a narcotics handler.

1. On October 27, 2016, the Defendant: (a) administered approximately 0.03 g of Meteptop clops (one philop, one hereinafter referred to as “philops”); (b) 0.03 g of Melops (one philopon,” and one philopon) of a local mental medicine medicine, which he introduced from the name in the Dolopic c, Daegu North-gu, Daegu, by means of inserting them into a single-use injection machine and dilution them with water and injection them into the arms.

2. On November 8, 2016, the Defendant, at around 13:55, administered 0.03 grams in Gurphone F in Daegu Dong-gu, Daegu-gu, by inserting approximately 0.03gopon into a single-use injection machine, dilution with water for injection.

3. On November 9, 2016, around 23:30, the Defendant administered approximately 0.03 grams in a single-use injection machine, dilution with water, and injection into the arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each protocol concerning the examination of the suspect against the accused by the prosecution;

1. Each description or image of each protocol of seizure, investigation report (up to training of the result of simple test results), test result, photograph, narcotic appraisal report, and investigation report (up to monetary details);

1. Previous records: Application of the Acts and subordinate statutes stated in investigation reports (as to the confirmation of the period of repeated crime A), results of the search of prisoners, and criminal investigation reports (as to confirmation of the date of release and attachment of judgment);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Facts and the Selection of Sentence 3, Article 60 of the Act on the Management of Narcotics, Etc. (Selection of Imprisonment with prison labor);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the scope of applicable sentences under law) shall be punished by imprisonment for one month to 30 years.

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