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(영문) 대구지방법원 경주지원 2019.03.07 2018고단800
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is not a person handling narcotics.

Any person other than a person handling narcotics shall be prohibited from possessing, possessing, using, transporting, controlling, importing, exporting, manufacturing, administering, giving or receiving, trading, arranging the trade of, or providing psychotropic drugs.

1. Around October 4, 2018, the Defendant violated the Act on the Control of Narcotics, etc. (flavoring) - The Defendant purchased 300,000 won in the purchase price from the street room at the entrance of the Gumi-si B, and from 50,000 male in his name, purchased 0.2g and 3 0.2g in the aggregate of philophonephones (containing the psychotropic ingredients) which are psychotropic drugs.

2. Violation of the Act on the Control of Narcotics, etc. - The Defendant, at around 16:00 on October 6, 2018, administered the medication by inserting 0.03gg of philopon purchased, such as the foregoing paragraph (1), into a single-use divers, together with divers, and dilution, and administering it in a way of injection with the Defendant’s divers.

3. Violation of the Act on the Control of Narcotics, etc. (flavoring) - The Defendant possessed possession on October 6, 2018, in the EKapet capacity located D on the racing-si on October 6, 2018, and possessed approximately 0.14g of philophones remaining after medication as above 2.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of reference witness;

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

1. Request for appraisal, reply report and statement on narcotics appraisal;

1. Additional return for an appraisal request (2018 - D - 6534) and a narcotics appraisal report;

1. Application of investigation reports (verification of certificates of narcotics by countries and numbers of narcotics against the hair of a suspect) Acts and subordinate statutes;

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 the relevant Act on Criminal Facts (the purchase of philophones, the provision of medication, and possession of philophones), and the selection 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 67 of the Narcotics Control Act;

1. The Act on the Management of Narcotics, etc. for Additional Collection;

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