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(영문) 대구지방법원 2016.07.15 2016고단2340
마약류관리에관한법률위반(향정)등
Text

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

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On February 13, 2015, the Defendant was sentenced to eight months of imprisonment for a violation of the Narcotics Control Act at the Busan District Court on February 13, 2015, and completed the execution of the sentence on June 15, 2015, and is not a narcotics handler.

1. Violation of the Narcotics Control Act;

A. On May 16, 2016, the Defendant for the administration of a self-phone: (a) DNA 505, located in Daegu Suwon-gu, around the night on May 16, 2016; (b) Mesphere, which is a local mental medicine purchased from E (one name “philopon”; and (c) Mesphere, which is a local mental medicine purchased from E.

D.03 grams were administered in a way that the Defendant’s arms were injected by inserting approximately 0.03 grams into a single-use injection machine and dilution with aquatic trees.

B. On May 18, 2016, the Defendant administered philophones by inserting approximately 0.05 gramphones purchased from E into a single-use injection instrument and dilution them into the Defendant’s arms at night around May 18, 2016, from the Defendant’s vehicle parked in G parking lot located in Daegu-gu, Nam-gu, Daegu-gu, by night.

2. On May 19, 2016, the Defendant, as described in paragraph 1-b, administered a philopon as described in paragraph 1-B, and thereafter, on May 19, 2016, at around 04:00, entered the victim’s house through a string gate, and invaded upon the victim’s house by entering the victim’s house through a string gate, and making the body fast in the toilet.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Statement made to I in the police statement protocol;

1. Protocols and lists of seizure, records of search and seizure, reports on the results of preliminary tests on narcotics, a detailed statement of processing reported cases, reply to requests for appraisal, and statements of narcotic appraisal, respectively;

1. Images of photographs;

1. Previous convictions: Application of the respective Acts and subordinate statutes described in a reply to inquiry, such as criminal history, investigation report (related to the confirmation of the period of repeated crime of the suspect), investigation report (the confirmation of the date of release of the suspect recently), copy of the judgment, and personal identification and acceptance status;

1. Relevant Article of the Act on the Management of Narcotics, etc. as well as the Selection of Punishment for Crimes;

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