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(영문) 대구지방법원 2015.09.17 2015고단3256
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

The evidence seized shall be forfeited from the criminal defendant.

Reasons

Punishment of the crime

[Criminal Power] On February 21, 2014, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on February 21, 201, and completed the execution of the sentence in the Daegu Prison on November 29, 2014.

[Criminal Records] The Defendant is not a narcotics handler.

1. At around 18:40 on April 7, 2015, the Defendant received and sold a disposable injection equipment with approximately KRW 0.7g 0,000,000 in cash, which is a psychotropic drug, from C-verification, a car owned by the Defendant in the vicinity of the Busan Dong-dong, Busan, 1202 Busan, to D, for approximately KRW 0.7g of psychotropic drugs.

2. On April 30, 2015, around 14:20, the Defendant received and sold 300,000 won in cash for a disposable injection for the vehicle parked on the road in front of the Busan Dong-dong Police Station of Busan Dong-dong, Busan, about 0.7gopon to D from a passenger car specified in paragraph 1, which is parked on the road prior to the Busan Dong-dong Police Station of Busan, Dong-dong.

3. On July 11, 2015, at around 20:0, the Defendant: (a) inserted phiphonephones into a injection machine; (b) 14.308, 308, 2015, the Defendant administered them by means of injection into the Defendant’s arms after melting the bio-phones into the injection machine.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the accused;

1. A copy of each protocol of suspect examination of the police about D;

1. Test results;

1. Each investigation report (Attachment to the telephone details of a suspect, and attachment to a base station on the date and time of crimes for administration of phiphonephones);

1. Previous records: Application of Acts and subordinate statutes to report internal investigation (Attachment of results, etc. from the search of prisoners) and investigation reports (Attachment of repeated judgments);

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, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

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

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

1. The purchase price of 300,000 won under the proviso of Article 67 of the Narcotics Control Act; and

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