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(영문) 대구지방법원 서부지원 2016.05.20 2016고단678
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence 1 or 2 shall be confiscated.

300,000 won from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On April 9, 2016, from around 11:00 to 12:00, the Defendant received delivery, without compensation, of approximately 0.09g of three-time medication c.m. to one-time medication, a local mental medicine, from F, “E” in the vicinity of D in Daegu-gu Dong-gu, Daegu-gu (hereinafter “E”).

2. On April 9, 2016, at around 14:00, the Defendant: (a) inserted approximately 0.03g of opon 0.03g from among the opon 0.09ghon clon clon clon clon clon clon clon clon clon clon clon clon clon clon clon clon clon clon cl

3. On April 11, 2016, the Defendant injectedd approximately 0.06ggs into two for a single-use injection machine from among the penphones delivered under subparagraph 202 of Article 202 of “Jel” in Daegu-dong-gu, Daegu-gu, as stated in subparagraph 1, and administered them in a way to inject into the left and the left arms, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. A statement on narcotics appraisal;

1. Application of Acts and subordinate statutes on mobile phone pictures;

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. 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. Article 48 (1) of the Criminal Act to be confiscated;

1. The sentence shall be imposed inasmuch as a person has committed the instant crime, even though he/she had been sentenced twice to two times or more as he/she had been sentenced one time or more as he/she had committed the instant crime for the same kind of crime for sentencing in the proviso of Article

In determining the punishment, various conditions of sentencing specified in the instant case, such as the fact that the person was physically handicapped at class 2, the health of the person is not good, family environment, and the age, sex, motive of the crime, and the circumstances before and after the crime, shall be considered.

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