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(영문) 대구지방법원 2016.09.22 2016고단3163
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized Nos. 1, 2, 5 and 6 shall be confiscated.

From the defendant, 100.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On July 7, 2016, from around 13:00 to around 14:00, the Defendant accepted approximately 0.8g of c.m. c. m. c., a local mental medicine drug, E, in a D car parked in the Daegu Jung-gu Seoul metropolitan area, from E to the backb. c.m. (a single philopon, and hereinafter “philopon”).

2. On July 14, 2016, the Defendant administered philophone medication in a way of inserting approximately 0.05g of philophones into a single-use injection machine, dilution them with water at around 22:00, Seogu-gu, Daegu-gu, and 0.05g of philophones.

3. On July 15, 2016, the Defendant: (a) around 10:20 on July 15, 2016, the Defendant: (b) filed a lawsuit in a manner that contains approximately 0.7481g of philophones contained in 2000 plastic rophones in wallets.

Summary of Evidence

1. Statement by the defendant in court;

1. A test report and a narcotic appraisal report;

1. Police seizure records;

1. With respect to each investigation report (additional recognition of suspicion of delivery of phiphones without compensation, and the date, time, place, and revision of the crime for administration of phiphones, the application of Acts and subordinate statutes governing E inceptions stored in the cellular phone used by the person subject to investigation;

1. Relevant Article of the Act on the Management of Narcotics, etc. for which the relevant provision of the Act and Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. for which the punishment is selected, and the choice of imprisonment, respectively;

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

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

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. The second-class crime without the basic area (10 to 2 years) of the Sentencing No. 3 (2) [the scope of the recommended punishment] in the basic area (10 to 2 years) of the Sentencing No. 3 (2) [the scope of the recommended punishment] in the basic area (10 to 2 years) of the Sentencing No. 3 (the scope of the recommended punishment] (2) [the person subject to a special sentencing] of the 3-type (2) [the scope of the recommended punishment] of the 2-type (2 (the items (b) and (c) of the 2-type (the items (b) and (c) of the 2-type (the items (the items (a) and (c) of the 2-type) of the mitigation area (8 to June 6).

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