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(영문) 대구지방법원 2014.06.13 2014고단1548
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is not a person handling narcotics.

1. On August 2013, the Defendant administered approximately 0.03 g of merpters (hereinafter referred to as “scopon copon”) at the scopon of the trade name near Daegu B, in a way of hanging with beer.

2. On September 2013, the Defendant administered approximately 0.03 g of philopon in the D neighboring stairs located in Daegu-gu C, Seo-gu, 2013, in a way of hanging cans in the cans.

3. On September 2013, the Defendant administered approximately 0.03 g of philopon on a scopon at the scopon line near Daegu B, in a way of scoping it to the beer.

4. On January 27, 2014, between 20:00 to 21:00, the Defendant, at the Defendant’s house located in Daegu hydro-gu E, put a large amount of spophophone into a single-use injection machine and administered it by means of dilution with water into the Defendant’s sphophone.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Application of Acts and subordinate statutes to a certificate of small base and simplified drug inspection, test report, and narcotics appraisal report;

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 the relevant criminal facts and the Selection of Punishment;

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

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment [the scope of recommendation] medication, simple possession, etc. [the range of six to one year and six months] mitigation area (6 to one year and six months), the self-denunciation [the scope of final sentence due to the increase of multiple offenses] six to two years [the scope of final sentence] one’s act is recognized and seriously reflected, and the self-denunciation is made; the amount of penphones handled, the amount of the defendant’s age, character and behavior, environment, motive or circumstance of the crime, means and consequence of the crime; and the circumstances after the crime are followed.

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