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(영문) 대구지방법원 2021.01.14 2020고단5877
마약류관리에관한법률위반(마약)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On June 1, 2014, the Defendant administered a medication in a way that puts in a pipe of glass the merptic flaps, which is a local mental medicine, at the home of the Defendant, and inhales the smoke generated with a fire.

2. On June 2014, the Defendant administered a medication by inserting the Memptop sptop sptop stove in a pipe in Gangnam-gu Seoul, which is a local mental medicine, and inhales the smoke generated by attaching a fire to a pipe.

3. On September 2014, 2014, the Defendant administered the Memptop dynas in the EF heading and G house located in Gangnam-gu Seoul, by inserting the Memptop crys in a single-use injection machine, which is a local mental medicine, and by dilution with raw water.

4. Around November 2, 2014, the Defendant, at the home of the above G, administered meconium fluoric acids by inserting them into a single-use injection machine, which is a fluoric mental medicine, and dilution with raw water, and administering them in a way of injection into arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of seizure and list of seizure concerning G concerning the prosecution and police interrogation records;

1. Application of Acts and subordinate statutes including a criminal investigation report (Attachment of G judgment in relation to a suspect A and accomplice), investigation report (the calculation of a surcharge), investigation report (the response of the person accused against his/her own defense and the result of an appraisal of the injection), investigation report (the response of the results of an appraisal of the suspect's hair and the results of an appraisal of the suspect), investigation report (the response of the results of an appraisal of the DNA market price), investigation report (the response of the results of an appraisal of the DNA market price), investigation report (the ingredients of narcotics and the results of an appraisal

1. Relevant Article of the Act on the Management of Narcotics, etc. and Articles 60 (1) 2 and 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. for which the punishment is selected, and the choice of imprisonment for a crime, respectively;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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