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Reasons
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(영문) 대구지방법원 2015.12.17 2015고단5416
마약류관리에관한법률위반(향정)
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1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3...

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On October 2015, the Defendant: (a) received non-explosion of psychotropic drugs from a person who has become a guest within the Ethnive Party E, the Defendant administered the psychotropic drugs in a way of crypting it to a coffee. (b) At the time, the Defendant administered the psychotropic drugs in a way of cryping it to a coffee.

2. On October 2015, the Defendant kept and possessed part of the Handphones delivered as prescribed in paragraph 1 of the Gosisi F, which was possessed by the Defendant in the dwelling of the Defendant.

3. On November 1, 2015, at around 15:00, the Defendant purchased 200,000 won and 200,000 won for a single-use injection device containing approximately 0.1g of philopon, and 0.03g of philopon on the same temporary border, and melted the Defendant’s arms, and administered them in such a way as the Defendant’s arms.

4. At around 18:00 on November 2, 2015, the Defendant injected approximately 0.03 grams in a one-time injection machine, melting water into the Defendant’s arms, and in one-time medication.

5. On November 2, 2015, at around 23:50, the Defendant administered approximately 0.03 grams in the place described in paragraph (1) in the same manner as that described in paragraph (4).

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the prosecutorial statement concerning G;

1. Records of seizure and the list of seizure (Evidence records 39-40 pages);

1. Requests for appraisal;

1. Application of Acts and subordinate statutes on telephone details;

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc., of the relevant Article of the Act on the Control of Narcotics, etc. concerning criminal facts;

1. Selection of each sentence of imprisonment;

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. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. The first crime for sentencing under Article 67 of the Act on the Control of Narcotics, etc. for Confiscation and Collection.

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