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(영문) 대구지방법원 경주지원 2019.02.21 2018고정191
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

【Criminal Power】 On July 21, 2017, the Defendant was sentenced to a suspended sentence of two years for one year and two months, and the said judgment became final and conclusive on July 29, 2017.

【Criminal Facts】 The Defendant is not a person handling narcotics.

No person other than a person handling narcotics shall possess, possess, use, transport, control, import, export, manufacture, prepare, administer, give or receive, trade, arrange for trade of, or provide psychotropic drugs.

Nevertheless, around March 2015, the Defendant: (a) purchased from a fluor in Busan Fluor Bel; (b) executed a single-use injection machine with approximately 0.03g of clurphones (including cluoric cluoric cluoric cluor) purchased from a fluor; and (c) injected it once by inserting it into the left arms.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the police statement concerning D;

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

1. Results of each request for appraisal;

1. Notification of the conformity of DNA identification information with the DNA identification information;

1. Investigation reports (re-verification of whether the DNA identification code is consistent);

1. Application of Acts and subordinate statutes to review data about criminal history and investigation experience;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Protection of Narcotics, Etc., and Selection of Fines for Criminal Facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act;

1. A confession of the reason for sentencing under Article 67 of the Act on the Management of Confiscated Narcotics, Etc. and reflect it in depth;

The principle of equity shall be taken into account in the case of being tried at the same time as the established criminal facts.

Although the defendant is engaged in a business with good faith in bicycle lending stores, it seems difficult to reduce excessive fines because he suffers from disease such as urology, etc.

It supports the elderly.

Other arguments of this case are shown in the argument of this case.

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