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(영문) 대구지방법원 서부지원 2017.07.27 2017고단1510
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Items 1 and 2 of the seized evidence shall be confiscated from the accused.

Reasons

Punishment of the crime

【Criminal Records” On July 1, 2016, the Defendant was sentenced to one year to imprisonment with prison labor for a violation of the Narcotics Control Act in the Seo-gu District Court’s Branch Branch Branch, etc., and completed the execution of the sentence in Busan Correctional Institution on May 8, 2017.

【 nor person other than a handler of narcotics, etc.】 shall possess, possess, use, transport, manage, import, export, manufacture, administer, administer, deliver, receive, trade, assist in trade of, or provide narcotics or psychotropic drugs.

Nevertheless,

1. On June 12, 2017, from around 20:00 to around 21:00, the Defendant administered the 609 unit “Del” located in Daegu-gu Seo-gu C, by means of injection to the left-hand side of 0.03g of Mesamina 0.03g, which was in possession, in the way of injection.

2. On June 13, 2017, the Defendant, at around 16:40, kept on the right side part of the instant police box located in the Daegu-gu Seo-gu, Daegu-gu, the Defendant: (a) kept one for a single-use and seven for a single-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-of-the-counter, respectively, in both ends.

As a result, the Defendant, not the narcotics handler, administered a local mental medicine, and neglected to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. A photograph of personal belongings, a disposable injection photograph, a diver photograph, a photo of dice bombl, a brue test, a report on the results of the preliminary test for narcotics, a drug appraisal report, and a gene appraisal report;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, and a report of investigation (Evidence List 24, 25, 28);

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. Confiscation Article 48(1)1 of the Criminal Act, and the Narcotics Control Act.

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