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(영문) 대구지방법원 서부지원 2019.10.01 2018고정523
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 8, 2018, the Defendant was sentenced to 10 months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. in the Busan District Court Seo branch on May 8, 2018, and the judgment became final and conclusive on May 16, 2018.

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 (hereinafter referred to as “clopon”; hereinafter referred to as “copon”).

Nevertheless, the Defendant, at the end of December 2017, injected 0.03g of philopon into a single-use c, and administered it once in his arms and blood, and additionally administered two philopon in the same way.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. A copy of a response to the request for appraisal (DA), a copy of the results of inquiry into DNA personal information of the detained suspect (A), and a report on investigation (with respect to the method of suspect's writing-phone medication);

1. Previous records: Application of investigation reports (verification of the fixed date of a suspect and attachment of judgment) and Acts and subordinate statutes;

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 the relevant criminal facts and the selection of fines for negligence;

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

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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