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(영문) 대구지방법원 의성지원 2018.08.23 2018고단69
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

One lid (No. 1) and one divers (one divers) (one divers).

Reasons

Punishment of the crime

On September 1, 2016, the Defendant was sentenced to imprisonment for a violation of the Act on the Control of Narcotics, Etc. in the Daegu District Court’s sexual support on one year and six months, and completed the execution of the sentence on January 14, 2018.

Despite the fact that the Defendant is not a narcotics handler, around May 7, 2018: (a) around 22:00, the Defendant injected 0.03g of Metropia, which is a local mental medicine, possessed in the Defendant’s residence located in Gyeong-gun B, into a disposable injection machine, and dilution once by means of injection into the Defendant’s asphalt.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Report on internal investigation (the reaction and test photograph of the test of narcotics), test crate, internal investigation report (the suspect’s climatic photo of the medication), report on the results of preliminary test of narcotics, an appraisal report on narcotics, and monthly trends of narcotics;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, text of judgment, and the current status of personal expropriation;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is to recognize and reflect the defendant's mistake, but the defendant was sentenced eight times to imprisonment for the same kind of crime and did not know himself during the period of repeated crime. In particular, the defendant committed the crime in this case.

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