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(영문) 대구지방법원 2019.06.21 2019고단1351
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

The evidence seized shall be confiscated from the accused.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. At around 21:00 on January 31, 201, the Defendant administered philophones by inserting 0.05g 0.05g of psychotropic drugs into a single-use injection machine, and then injecting them into one’s arms after dilution.

2. On October 102, 2019, the Defendant possessed a phiphone in a way that he/she stores 0.07g of philopon in a philopon by putting it in a paper room and putting it in a paper room at around 10:45.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspects of D by the prosecution;

1.Each investigation report (verification by the State and a water appraisal report, photographs on the philophone medication, field photographs, or white-dried body);

1. A narcotics appraisal statement;

1. Application of Acts and subordinate statutes to each protocol of seizure and the list of seizure;

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., concerning facts constituting an offense, and the choice of imprisonment with prison labor;

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

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

1. The proviso to Article 67 of the Narcotics Control Act;

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

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime [Violation of the Act on the Control of Narcotics, etc. (Determination of Pronouncement)] (Article 1 of the Act on the Control of Narcotics). Medication, simple possession, etc. (Type 3) of narcotics;

Items c) and c.

Title [Special Convicts] None [The area of recommendations and the scope of recommendations] basic area, 10 to 2 years of imprisonment

(b) Second Offences [Violation of the Act on the Control of Narcotics, etc. (Determination of Pronouncement)] / 01. Medication, simple possession, etc. (Type 3]

Items c) and c.

Title [Special Convicts] None [The area of recommendations and the scope of recommendations] basic area, 10 to 2 years of imprisonment

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment;

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