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(영문) 대구지방법원 2015.05.28 2015고단1346
마약류관리에관한법률위반(향정)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 1, 2013, the Defendant was sentenced to a suspended sentence of two years in August, 201, and is not a person handling narcotics.

1. On November 12, 2014, at the house of D located in Daegu Building 303, the Defendant: (a) inserted approximately 0.03g of D psychotropic drugs into a single-use injection machine; and (b) injected phiphones in a way that the Defendant injected them into the Defendant’s arms.

2. On January 2015, the Defendant: (a) administered philophones by inserting approximately 0.03gopon into a single-use telephone, dilution with the Defendant’s hand, etc. at the Mourel in which it is difficult to know the trade name in the Seo-gu, Seo-gu, Daegu, Seo-gu.

3. On February 9, 2015, around 05:00, the Defendant administered phiphonephones in a way that H put approximately 0.03g of philophones into a single-use injection machine and dilution them into the Defendant’s arms.

4. On February 11, 2015, at around 18:00, the Defendant administered phiphones in a manner that K put approximately 0.03g of Jamonon in a single-use injection machine, dives it into the Defendant’s arms after dilution.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police with respect to L;

1. Test results and table of request for maternity appraisal;

1. Each investigation report (in relation to athletes' history and cooperation in investigation, calculation of additional collection charges), and the application of Acts and subordinate statutes governing monthly trends in narcotics;

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

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Collection of narcotics;

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