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(영문) 대구지방법원 2015.12.24 2015고단3098
마약류관리에관한법률위반(향정)
Text

1. The defendant shall be punished by imprisonment for one year;

2. 30,000 won shall be collected from the defendant.

Reasons

Punishment of the crime

On June 1, 2011, the Defendant was sentenced to imprisonment with prison labor and two years and six months for a violation of the Act on the Control of Narcotics, Etc. at the Daegu District Court on June 1, 201, and completed the execution of the sentence on January 31, 2013.

1. On October 1, 2013, at around 10:25, the Defendant issued 0.03 grams, a psychotropic drug, to E, on the alleyway near D located in Daegu-gu, Seo-gu, Daegu-gu, with approximately 0.03g of psychotropic drugs (one philopon; hereinafter referred to as “philopon”).

2. On October 29, 2013, at around 11:00, the Defendant issued 0.03 gramphonephones to the said E without compensation in the vicinity of the Daegu-gu F building.

3. On July 2, 2015, at around 20:00, the Defendant administered phiphones by inserting approximately 0.03 grams of philophones that were received from I (the age of 46) and possessed by I (the age of 46) in Daegu-gu G, Daegu-gu, by means of dilution them into a single-use injection machine and dilution them into their arms.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of each protocol concerning the examination of suspects of E and I;

1. Test results;

1. Investigation report (calculated on additional charges), and monthly trend of narcotics;

1. Previous records: Application of Acts and subordinate statutes on criminal records, reply reports and personal identification records;

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc., of the relevant Article of the Act on the Control of Narcotics, etc. concerning criminal facts;

1. Selection of each sentence of imprisonment;

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. Crimes 1 for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the market price of 200,000 won =30,000 won for the quantity of phiphones delivered twice) [the scope of recommending punishment] sale and purchase, good offices, etc. / The basic area (one year to two years) (one year to two years) of the basic area (one year to two years of special mitigation) of the Act on the Control of Narcotics, etc. / The important cooperation in investigation / the two crimes of the same kind and previous crimes (the suspension of execution within three years) of the same kind of punishment / The scope of recommending punishment ] the sale and good offices, etc.

Items c) and c.

(i) the item;

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