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(영문) 대구지방법원 2015.11.26 2015고단4280
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence subparagraph 1 shall be forfeited from the accused.

from the defendant.

Reasons

Punishment of the crime

【Criminal Power】 On October 10, 2013, the Defendant was sentenced to 8 months of imprisonment for a crime of violation of the Narcotics Control Act, etc. at the Seoul Eastern District Court (hereinafter “Seoul East Eastern District Court”) and served nine times of the same military force, including the completion of the term of imprisonment in the official prison on April 28, 2014.

【Criminal Facts】 The Defendant is not a person handling narcotics.

1. On August 11, 2015, the Defendant: (a) purchased 100,000 won in cash from Emerpacters (i.e., a one-time penphone; hereinafter referred to as “propopon”) in the purchase price for Emerpacters (i.e., a one-time penphone; hereinafter referred to as “propopon”); and (b) purchased 0.05 g of phiopon.

2. On September 4, 2015, around 15:00, the Defendant purchased 100,000 won in cash with the purchase price for h (ma, 57 years old) from G Dogs in the Daegu Seo-gu F, Seo-gu, 2015, and purchased Dogphones with approximately 0.05g Doglopon from H.

3. On September 4, 2015, at around 15:30, the Defendant: (a) placed about 0.05g of philopon purchased from H in a single-use injection machine; and (b) injected the Defendant’s clopon into the Defendant’s arms, which was stopped on the road near the JJ Center located in Daegu-gu, Daegu-gu, as seen above, in a single-use injection machine; and (c) injected the copon into the Defendant’s arms.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the suspect examination protocol of H by the prosecution;

1. Test results and a request for appraisal;

1. The police seizure record and the list of seizure;

1. Disposable photographs;

1. Details of currency;

1. A report on investigation (calculated additional charges);

1. Previous records of judgment: The application of personal inquiry and copy of judgment to Acts and subordinate statutes;

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. Article 35 of the Criminal Act for aggravated repeated crimes;

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

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

1. Sentencing the proviso of Article 67 of the Narcotics Control Act.

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