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(영문) 대구지방법원 2015.10.29 2015고단4026
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

[Criminal Power] The Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. at the Daegu District Court on March 19, 2015 and for ten months for the same year.

7.17 The above judgment became final and conclusive.

【Criminal Facts】

Defendant is not a narcotics handler.

1. On September 2014, the Defendant: (a) inserted approximately 0.1g of psychotropic drugs in a single-use injection machine; (b) injected dives into a psychotropic injection machine; (c) injected dives; and (d) injected phiphones into the arms, at a guest room where it is impossible to identify the number of evisuries located in Jeju Island; (b) the Defendant administered dives by means of injection.

2. On December 2014, the Defendant administered philophones by dilution approximately 0.05 g of philophones at the guest room where the trade name of Gamoto in Busan City F is unknown.

3. Around 02:00 on December 21, 2014, the Defendant: (a) inserted approximately 0.1g of philopon into a single-use injection machine; and (b) injected philopon into the arms at a guest room in which it is impossible to identify the trade name of Hel (I) located in the Busan Shodong-gu, Busan; and (c) injected philopon by means of injection into the arms.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol of interrogation of the police by J; and

1. Copy of the protocol of interrogation of police officer with K;

1. Copies of the police statement to K; and

1. Each request for appraisal;

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

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of recent judgments and confirmation of the fixed date) and Acts and subordinate statutes;

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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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 reason for sentencing in the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is that the defendant makes a false statement at the investigative agency for the upper line.

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