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(영문) 대구지방법원 2018.06.12 2018고단1604
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Experience] On December 13, 2016, the Defendant was sentenced to one year to imprisonment with labor for a violation of the Narcotics Control Act at the Daegu District Court on the grounds of a violation of the Act on the Control of Narcotics, etc., and the Defendant terminated the execution of the sentence at a detention center on July 31, 2017.

[Criminal facts] The Defendant is not a narcotics handler

1. On October 2017, 2017, the Defendant administered philophones by means of dilutioning approximately 0.03g of clopon into arms, which is a local mental medicine (one philophone; hereinafter “philoopon”) located within the guest room in which it is impossible to find out the trade name located in the Daegu North-gu, Daegu-gu, Police Officer, on the ground that the Defendant administered copons by means of injecting 0.03g of copon into arms.

2. On March 27, 2018, the Defendant administered phiphones by inserting approximately 0.03 g of phiphones into a single-use injection machine and dilution them into arms, which was parked in the parking lot of the Daegu-gu Seoul metropolitan market around 21:00 on March 27, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspects of E by the prosecution;

1. Copy of the police interrogation protocol regarding E;

1. Surine inspectors;

1. Protocols of seizure, protocol of seizure and list of each seizure;

1. Investigation report (as to the "training result" of suspect A's precision appraisal result) - Test report;

1. A report on investigation;

1. Previous convictions in judgment: A criminal investigation report (verification of the date of release of a suspect and attachment of a copy of the judgment) - Application of a reply to inquiry, such as personal confinement status, sentence, and criminal history;

1. Relevant Article of the Act on the Management of Narcotics, etc. for the Fact-finding and the Selection of Punishment, and Articles 60(1)2 and 4(1)1 and 2 subparag. 3(b) of the Act on the Management of Narcotics, Etc. for the Selection of Punishment, and Selection 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, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The basic area of crimes (as defined in items (b) and (c) of Article 67 of the Act on the Control of Narcotics, Etc. for the reasons of sentencing (as defined in the proviso of Article 67) of the Act on the Control of Narcotics, Etc. is three types (as defined in items (a) and (b) and (b).

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