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(영문) 대구지방법원 2018.10.11 2018고단3290
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[criminal history] On May 16, 2017, the Defendant was sentenced to 10 months of imprisonment with prison labor for a violation of the Narcotics Control Act in the Gwangju District Court’s net support, and on July 3, 2017, the judgment became final and conclusive on July 3, 2017. However, on May 1, 2018, the sentence of suspended execution was revoked and is serving several punishments in the Daegu Prison.

[Criminal facts] The Defendant is not a narcotics handler

1. On August 2017, 2017, the Defendant administered a philophone in a manner that puts the trade name in the Seo-gu Won-gu Won-dong into a single injection machine for the single use and injects the philophone into a philogram in a single injection machine, and in which it is impossible to find out the trade name in the Seo-gu Won-gu Won-dong, Seo-gu, Daegu-gu. (hereinafter “philophone”).

2. On March 2018, 2018, the Defendant administered philophones by inserting approximately 0.05g of philophones into a single-use injection machine at the Moel room in which it is impossible to know the trade name in the Seo-gu Seo-gu, Seo-gu, Haman on March 2018, and treating philophones in a way of injecting them into arms.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Seizure records;

1. A copy of the response to a request for appraisal;

1. A response to each request for appraisal and a statement on narcotics appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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 Defendant, on the grounds of sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc., was sentenced to a suspended sentence of two years on May 16, 2017 due to a violation of the Narcotics Control Act on May 16, 2017, and was sentenced to a suspended sentence of two years during the period of the suspended sentence, the crime of this case is not likely to be committed during the suspended sentence, and the degree of criticism is also high.

On the other hand, the defendant recognizes the crime of this case and reflects the depth.

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