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(영문) 대구지방법원 서부지원 2015.12.03 2015고단1527
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Although the Defendant is not a narcotics handler, he dealt with the following psychotropic drugs:

Around 23:00 on June 4, 2015, the Defendant received a single injection device containing 0.07gg of psychotropic drugs from the DNA, E (the imprisonment of August 6, 2015, and the Medical Treatment and Custody Declaration) from the Nam-gu Incheon Metropolitan City, and received them, and then injected them into the Defendant’s arms, after dilution one of the above injection devices into the said injection machine.

Summary of Evidence

1. Court statement of the defendant (the fourth court date);

1. Legal testimony of witness E;

1. Investigation report (E's Handphone analysis content and monetary content abstract);

1. Investigation report (No. 2, 3, 6, 9 No. 1360);

1. Application of the Acts and subordinate statutes to refuse the execution of a search and seizure warrant;

1. Articles 60 (1) 2, 4 (1), and 2 subparag. 3 (b), Article 30 of the Criminal Act, Article 60 (1) 2, and Article 4 (1) and Article 2 subparag. 3 (b) of the Act on the Control of Narcotics, Etc., Article 60 of the Narcotics, Etc., Article 60 (1) 2, and Article 2 subparag. 3 (b) of the Act on the Control of Narcotics, etc., concerning the crime

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. In light of the fact that the Defendant, on the grounds of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., denies the crime from the police to the date immediately before the last day of the trial in this court, and attempted to destroy evidence, such as making the Defendant short of the hair prior to being arrested, and making the Defendant strongly refusing to collect the body for a sense of shame during the process of executing the search and seizure warrant against the Defendant, the responsibility of the Defendant for the crime is very heavy.

However, it is advantageous to the fact that the defendant makes a confession of the crime late and reflects the depth of the crime, the defendant is the first offender, and the frequency of the philophone medication is the only one time.

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