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(영문) 대구지방법원 2015.12.24 2015고단5893
마약류관리에관한법률위반(향정)
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. Seized evidence subparagraph 1 shall be confiscated;

3. Two hundred thousand won from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On July 23, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at Seoul High Court on November 17, 2015, and completed the execution of the sentence.

【Criminal Facts】

1. On November 22, 2015, the Defendant inserted approximately 0.03g of psychotropic drugs in a disposable injection machine, a psychotropic drug, into a single injection machine, and melted the Defendant’s arms, at around 22:30 on November 22, 2015.

2. On November 23, 2015, at around 10:30, the Defendant administered DNA 309, located in Ulsan-gu, Ulsan-gu, by melting approximately 0.03 grams of philophones into water, and carried approximately 1.06g of philophones remaining after administering the said telecom.

Summary of Evidence

1. Defendant's legal statement;

1. Each test report;

1. Photographs of the seizure site;

1. Previous convictions in judgment: The application of Acts and subordinate statutes to inquiry reports and investigation reports;

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 sentencing under Article 67 of the Act on the Control of Narcotics, etc. for Reasons of Sentencing (Scope of Recommendation), medication, simple possession, etc.: Type 3 (Scope of Recommendation), Type 3 (2) (10-2) (3) (4) (4) (4) (5-2) (10-2)) in the basic area (4) of the Act on the Control of Narcotics, etc. and the Control of Narcotics, etc. Act / 3 (10-2) in the basic area (10-2) of types of crimes (10-2) (4) (4) (4) of the same type of punishment), including medication, simple possession, etc.

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