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(영문) 대구지방법원 2020.02.11 2019고단6618
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence 3 or 4 shall be confiscated from the accused.

from the defendant.

Reasons

Punishment of the crime

[criminal record] On October 19, 2016, the Defendant was sentenced to one year of imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Ulsan District Court on August 19, 2016, and completed the execution of the sentence in the racing prison on August 30, 2017.

[Criminal Facts] Even if the Defendant is not a person handling narcotics, he dealt with the psychotropic drugs-related Mesofts (one philopon; hereinafter “philopon”).

1. On September 13, 2019, at around 22:00, the Defendant administered phiphones by inserting approximately 0.07 gopphones into a single-use injection machine, dilution them with water, and giving them injection with D’s hand, etc.

2. Around 01:00 on December 9, 2019, the Defendant issued one philopon to G, which contains approximately KRW 0.07g of philopon, from the hotel F of Ulsan-gu E, Ulsan-gu, and one philopon, and received philopon.

3. At around 01:00 on December 9, 2019, the Defendant administered phiphones by inserting approximately 0.07g of philophones into a single-use part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part of the part-time part-time part-time part-time part-time part of

4. At around 14:30 on December 9, 2019, the Defendant possessed a phiphone in a way of inserting one single-use injection instrument containing approximately 0.18g of opononononon the part of the scopon, and a single-use injection instrument containing approximately 0.1ml of scoponon on the part of the copon into the part of the copon, each, containing approximately 0.1ml of scopon on the part of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Each protocol of seizure and the list of seizure;

1. Investigation report (a copy of the protocol of interrogation of the G), each investigation report (absing with narcotics appraisal report);

1. Previous records: Application of criminal records, inquiry reports and investigation reports (Attachment to judgment on narcotics, etc.);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 (Article 2) of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with prison labor for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Article 37 of the Criminal Code among concurrent crimes.

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