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(영문) 대구지방법원 2013.11.14 2013고단3511
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

500,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On January 21, 2011, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, etc. at the Daegu District Court on January 21, 201, and on July 17, 2012, the Defendant had seven times more previous and previous charges in a wood prison on July 17, 2012.

The defendant is not a person handling narcotics.

1. The Defendant collected money from C and conspiredd to purchase psychotropic drugs Metepoptyes (one name Handphone, hereinafter referred to as Handphones), and on May 17, 2013, the Defendant issued 2.50,000 won received from C in the vicinity of the Epopter located in Daegu-gu, Daegu-gu, and issued 2.50,000 won to the Handphone sales without knowing the names of 50,000 won and 2.50,000 won of the Defendant, and received approximately 0.35 g of Handphones from C, and issued approximately 0.35 g of Handphones to C and purchased the other 0.35 g of Handphones in collusion with C in a way that

2. The Defendant, at around 18:10 on the same day as the preceding paragraph, administered approximately 0.05 g of philopon, which was parked in G Park parking lot located in Daegu-si, Daegu-si, by inserting approximately 0.05 g of philopon in a single-use injection machine and dilution it into one’s own arms.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Each protocol and list of seizure;

1. Test results and a request for appraisal;

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

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports ( current status of personal identification and confinement, and criminal suspect's repeated offense and confirmation);

1. Relevant Article of the Criminal Act and Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. (in cases of purchasing parts, Article 30 of the Criminal Act and choice of imprisonment, respectively);

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

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

1. The defendant's assertion on the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is conducted in collusion with C.

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