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(영문) 대구지방법원서부지원 2020.08.27 2020고단976
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

Punishment of the crime

The Defendant, who is not a person handling narcotics, shall not trade, assist in the trade of, give or receive, possess, possess, use, manage, prepare, administer, administer, or provide psychotropic drugs.

1. Nevertheless, on January 10, 2020, the Defendant purchased 100,000 won and 1 of the injection equipment containing 0.03 g of philopon from the name in the D public toilets located in C Park in Daegu City/S., Daegu City/S., and around January 10, 202, the Defendant purchased 10,000 won and 1 of the injection equipment containing 0.02 g of philopon.

2. Points of the administration of philophones.

A. On January 10, 2020, the Defendant, at the Defendant’s house located in Daegu Seo-gu, Daegu-gu, 2020, dumped water into a single-use injection instrument containing 0.03g of phiphones purchased as mentioned in the above paragraph (1), and administered phiphones by means of injection into one’s arms blood cells.

B. At around 21:00 on January 15, 2020, the Defendant, at the Defendant’s house located in Daegu Seo-gu, Ma, dumped water into a single-use injection instrument containing 0.02g of philophones purchased, such as the foregoing paragraph 1, and administered phiphones by means of injection into his arms and dives.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Application of the Acts and subordinate statutes to photographs, dwelling places, and injection photographs, photographs, narcotics appraisal reports, and maternity appraisal reports as a result of a simple reagents examination;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection of Narcotics, etc., and Selection of Imprisonment with prison labor concerning facts constituting an offense;

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

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 of the suspended execution recognizes the crime of this case and does not repeat again, that the defendant voluntarily surrenders to an investigative agency after the crime, and that there is no criminal records that the defendant has been punished for the same reason.

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