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(영문) 대구지방법원 2014.01.03 2013고단6215
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 3 or 4 shall be confiscated.

150,000 won shall be additionally collected from the defendant.

Reasons

Criminal facts

On December 2, 2010, the Defendant was sentenced to one year for a violation of the Act on the Control of Narcotics, Etc. at the Daegu District Court on December 2, 201, and the sentence was completed on October 6, 201, and the previous department was added five times in addition to the completion of the sentence.

Defendant is not a narcotics handler.

1. On September 24, 2013, the Defendant: (a) put about 0.03g of psychotropic drugs, which were delivered without compensation from D, in a single-use injection machine, at the Defendant’s office located in Daegu Suwon-gu Suwon-gu, and administered them by means of dilution into his left arms by dilutioning the aquatic water.

2. On October 21, 2013, the Defendant put about approximately 0.03g of philopon purchased from D in a single-use injection machine from F toilets located in Daegu Dong-gu, Daegu-gu, about KRW 50,00,00 in a single-use injection instrument, and dilution the aquatic water into his left arms.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol of suspect examination of the police about D;

1. Statement of seizure of each police;

1. Test results and replys to requests for appraisal;

1. Photographs of seized articles;

1. Previous records before ruling: Application of Acts and subordinate statutes on criminal records, repeated statements, and current status of confinement;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of a sentence;

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 main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. In light of the fact that the defendant for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. has been sentenced five times to imprisonment and one suspended sentence for the same crime, and repeatedly commits the crime of this case during the period of the same repeated crime, the defendant shall be sentenced to the punishment of the defendant. The fact that the defendant recognized the error and reflects it, the fact that the defendant's health conditions are not good due to urology, etc., and other circumstances after the crime.

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