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(영문) 대구지방법원 2016.01.14 2015고단5151
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

72 (No. 1 of evidence) for disposable use (use) seized shall be confiscated.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

On October 10, 2015, the Defendant injected approximately 0.03g of 13:0 to 14:00 to 301 of the building E, which is the Defendant’s residence in Daegu Northern-gu, Daegu-gu, and approximately 0.03g of clopon, among Mepacters (one philopon; hereinafter the same shall apply) delivered by F, in a single-use injection instrument, and in a way of injection into the Defendant’s arms. At around 24:00 on the same day, the Defendant administered 0.03g of copon in the same way at the same place as the Defendant’s arms.

In addition, on August 2015 through October 11, 2015, the Defendant 72 times administered phiphones by inserting approximately 0.03g of phiphones into a single-use injection machine between the first patrolman and the first patrol officer, and dilution with biophones into the Defendant’s arms, and administering phiphones over 72 times.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure by prosecution;

1. Investigation report (execution of a suspect's warrant of arrest and emergency search), investigation report (verification of the quantity of seized articles: 72 copies of a single diversary photo);

1. Test results;

1. A report on investigation (calculated additionally charge), and the application of Acts and subordinate statutes governing monthly trends of narcotics;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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. A Class 2 crime for the reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the scope of a recommendation), which has no basic area (10 to 2 years) (10 to 3 years) (the scope of a recommendation / the scope of a recommendation / the scope of a recommendation / 10 to 2 years) of the basic area (10 to 3 years), such as medication and simple possession) (3) of the basic area (10 months to 2 years), which has no basic area (10 to 3 years) (the person subject to special sentencing) of the Act on the Control of Narcotics, Etc. (the scope of a recommendation / the scope of a punishment / the person subject to special sentencing).

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