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(영문) 대구지방법원 안동지원 2015.11.13 2015고단276
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

400,000 won shall be additionally collected from the defendant.

equivalent to the above additional collection.

Reasons

Punishment of the crime

[Criminal Power] On April 29, 2011, the Defendant was sentenced to eight months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. (competence) at the Daejeon District Court’s official shelter on April 29, 201 and completed the execution of the sentence in the Daejeon Prison on August 26, 2011.

【Criminal Facts】

Defendant is not a narcotics handler.

1. On September 2013, the Defendant, on September 2013, 2013, administered psychotropic drugs once by inserting approximately 0.03g of psychotropic drugs into a single-use injection machine, dilution, and issued F a approximately 0.03g of Mesphers Mesphers 0.03g of Mesphers Mesphers Mesphers Mesphers Mesphers Mesphers Mesphers Mesphers Mesphers, in a non-fluorial room located in Chungcheongnam-nam budget-gun, and then in a way that Mesphersphers Mesphersphers m

2. On October 4, 2013, around 02:00 on October 4, 2013, the Defendant administered approximately 0.03 g of the Mesatopian in accordance with the foregoing paragraph (1), one time, and delivered approximately 0.03 g of the Mesapian in the manner described in the foregoing paragraph (1) to F.

Summary of Evidence

1. Legal statement of witness F;

1. An interrogation protocol of F by prosecution;

1. The prosecutor's statement concerning the F;

1. Investigation report (report on attachment of criminal suspect F and telephone conversations of the criminal defendant);

1. Requests for appraisal;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (report attached to each of the accuseds, such as the status of confinement or acceptance of each of the accused) and Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1), and Article 2 subparagraph 3 (b) (the point of receipt and delivery of, and medication in, philopon) of the Act on the Management of Narcotics, Etc. for the Fact-finding, the choice of punishment, and the choice of imprisonment;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

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

1. Although it is extremely denied that the Defendant and the defense counsel did not commit a crime as stated in the facts constituting the crime as indicated in the judgment of the court below regarding the assertion of the Defendant and the defense counsel under the proviso of Article 67 of the Act on the Control of Narcotics, Etc.

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