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(영문) 대구지방법원 2017.04.14 2017고단1084
마약류관리에관한법률위반(향정)
Text

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

The evidence seized shall be forfeited from the criminal defendant.

Reasons

Punishment of the crime

On October 15, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Daegu District Court on the grounds that he/she violated the Act on the Control of Narcotics, etc., and completed the execution of the sentence on September 17, 2016.

Defendant is not a narcotics handler.

1. On February 20, 2017, the Defendant administered a philophone medication by inserting approximately 0.03 g of Melopon (one philopon; hereinafter “philopon”) into a single-use injection machine, and dilution with water, within the scope of 303 Maurterel located in Daegu-gu Dong-gu, Daegu-gu, Daegu-gu., a local mental medicine medicine.

2. On February 22, 2017, the Defendant possession of phiphonephones in a way that the Defendant puts approximately 0.24g of phiphones in a closed ward with the F Hospital 4 floor located in Daegu Dong-gu, Daegu, Daegu, in a way that he puts approximately 0.24g of phiphones into the Defendant’s phiphones.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each protocol concerning the examination of the suspect against the accused by the prosecution;

1. Each protocol of seizure and the list of seizure, on-site photographs, and examination marks, and each description or image;

1. Previous convictions in judgment: Application of respective Acts and subordinate statutes, such as a written reply to inquiry, personal confinement status, and text of judgment;

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. for the Prevention of Criminal Crimes (the fact of medication and possession of phiphonephones, and the choice of each imprisonment with labor);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

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

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of applicable sentences under the law] 3 types of crimes [the determination ] from one month to 30 years of imprisonment [the determination ] : (b) and (c) [the person subject to special sentencing] - the previous conviction of the same kind (not less than three years of suspended sentence] and the aggravated area / [the scope of recommended punishment] 1 to three years / [the scope of recommended punishment] 3 types of crimes including medication and simple possession of narcotics (the determination : (b) and (c).

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