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(영문) 대구지방법원 서부지원 2017.02.17 2016고단1991
마약류관리에관한법률위반(향정)
Text

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

Seized evidence 1 or 2 shall be confiscated.

20,000 won from the defendant.

Reasons

Punishment of the crime

On September 13, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Daegu District Court on September 13, 2012, and completed the execution of the sentence at the Daegu Detention Center on August 19, 2013.

The Defendant, who is not a narcotics handler, shall not receive, administer, or possess a mert clopon (one philopon; hereinafter referred to as “philopon”) which is a local mental medicine.

1. On July 1, 2016, the Defendant: (a) 16:00, around the first half of the year, 2016, received a single philophone from F to four philophones, which are divided into approximately 0.24gh of philophones, from F.

2. On the same day as Paragraph 1, the Defendant, at the Defendant’s house located in Daegu Building 301, Daegu Building 19:00 G, put approximately 0.03g of opon into the cans and coffee and added it into the coffee, melted into the coffee, and administered oponon with the coffee.

3. On September 24, 2016, the Defendant, at the same place as paragraph 2, around 16:00, put in cans and coffee about 0.03g gramphones into crophones, dilutioned and administered rophones in a way of drinking along with coffees.

4. On September 28, 2016, at around 13:55, the Defendant possessed 0.18g opphones at the night hand room of the Defendant at the same place as that of paragraph 2 of the same Article.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H and F;

1. Police seizure records;

1. Written test result, response to a request for appraisal, and response to a request for appraisal;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and investigation report (the confirmation report on the date of final release from office);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under Article 60 of the same Act concerning facts constituting an offense (or choice of imprisonment);

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. Judgment on the Defendant’s assertion under the proviso of Article 67 of the Act on the Management of Narcotics, Etc.

1. The defendant's person;

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