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(영문) 청주지방법원 2014.09.19 2014고단1087
마약류관리에관한법률위반(향정)
Text

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

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

On May 7, 2014, around 00:0, the Defendant administered chophones by inserting approximately 0.03g of psychotropic drugs into a single-use injection machine at the dwelling of Cheongju-si, Puju-si, 101 Dong 1108, and 1103.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Request for appraisal, report on the request for appraisal, report on the request for appraisal, response to the results of appraisal, reply to the request for appraisal, report on the request for appraisal, and report on the request for appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (with respect to presumption, etc. of the dose of phiphones administered), a report on investigation (specific report on phiphones administered);

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

1. The defendant does not have the same criminal history as a fine, in addition to the punishment of the proviso to Article 67 of the Narcotics Control Act.

However, the Defendant administered the Metecamina with E in a resistant relationship at his own residence, and the Mecamina caused the abuse of drugs, etc., and died.

In particular, E has been identified as a result of autopsy that he abused the Mepta in the state of high numerical value such as Mepta, etc. in blood.

In addition, both the Defendant and E have been administered prior to the crime of the instant case, such as detection of cambamins in the hair.

Nevertheless, the defendant has consistently made a vindication in relation to the administration of Meptamina.

In addition to these points, the sentencing guidelines set forth in the sentencing guidelines for drug crimes shall be taken into account in consideration of the age, character and conduct of the defendant, the details and contents of the crime, circumstances after the crime, etc.

Items c) and c.

(i) the basic territory (10 to 2 years).

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