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(영문) 대구지방법원 2015.01.15 2014고단5830
마약류관리에관한법률위반(향정)
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

1. Defendant A is not a handler of narcotics.

On October 28, 2014, at the Defendant’s home located in Daegu-gu D building 105, the Defendant administered psychotropic drugs in a way that the Defendant injecteds the Defendant’s arms by inserting the upper psychotropic drugs, which were in his possession, into a single-use injection machine, and dilution with water.

B. The Defendant:

At the time, place and place described in the port, influorial philophones were put into a single-use divers, dilution was made into water, and was provided in such a way as to injecte B's arms.

2. Defendant B is not a handler of narcotics.

The defendant is set forth in paragraph 1-A.

At the time, at the place, A, using a disposable injection device with a dilution of a non-fluoron, administered a non-fluoron by having the Defendant injection into the Defendant’s arms.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each test report (fore, 83, 86 pages of investigation records);

1. Response to the request for appraisal;

1. Application of an investigation report (calculated of a surcharge on a suspect), and statutes governing the transaction price of narcotics;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) (the point of medication and provision) of Article 2, and subparagraph 3 (b) (the point of delivery) of the Act on the Control of Narcotics, Etc., the defendant who is selected to imprisonment with prison labor: Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., and the choice of imprisonment with prison labor;

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant B: Article 62 (1) of the Criminal Act;

1. Additional collection Defendants: the proviso of Article 67 of the Narcotics Control Act;

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

1. Defendant A

(a) The final extent of sentences 1 and 2 following the aggravation of multiple crimes that have no basic area (10 to 2 years) (10 to 3 years) of types 3 (e.g., administration, simple possession, etc.) (10 to 10 years): 10 months to 3 years.

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