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(영문) 대구지방법원 2018.04.26 2018고단691
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

The seized Nos. 1 to 5 (other than philophones consumed for appraisal) shall be respectively.

Reasons

Punishment of the crime

On November 10, 2016, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on November 10, 2016 and completed the execution of the said sentence on July 9, 2017.

Defendant is not a narcotics handler.

1. From January 27, 2018 to January 28, 2018, the Defendant injected approximately 0.07g of Melopon (one philopon; hereinafter “philopon”) among the Defendant’s dwelling located in Busan Southern-gu, by inserting approximately 0.07g of Melopon into a disposable injection machine, which is a local mental medicine, at the Defendant’s dwelling located in Nam-gu, Busan-gu, and then, administered the Defendant’s arms by dilutioning it with velopon.

2. On January 31, 2018, around 15:51, the Defendant inserted “E” 605 Mophones 0.28 grophones 0.28 g and 4 for a single-use injection machine in Daegu Northern-gu, Daegu-gu, and stored them on the table for the purpose of medication.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Reports (as to attaching photographs of seized articles), photographs;

1. A report on investigation (Attachment of an appraisal report on narcotics), a response to a request for appraisal, and an appraisal report on narcotics;

1. A report on investigation (referring to a reply to the result of a urinal appraisal), a request for appraisal, and a statement on narcotics appraisal;

1. A report on investigation (calculated additional collection charges);

1. A report on investigation (referring to the results of the maternity appraisal), additional response to a request for appraisal, and a report on narcotics appraisal;

1. Each protocol of seizure and the list of seizure;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, each investigation report (a copy of the judgment), text of judgment, and the current status of personal expropriation;

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 sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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. Criteria for sentencing reasons in the proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection;

(a) Class 1 Crimes [the scope of the recommended punishment] 3 types of crimes, including medication and simple possession (b) and the basic area (from October to two years).

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