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(영문) 대구지방법원 2015.03.19 2013고단5129
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for two years.

300,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On September 23, 2011, the Defendant sentenced the Daegu District Court to two years of imprisonment for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence on January 17, 2013.

[2013 Highest 5129] Around March 31, 2013, the Defendant, even if not a narcotics handler, provided F with the volume of psychotropic drugs per se to F in the vehicle operated by the Defendant, which was stopped on the front road of the Daegu-gu E- commercial building located in D, Daegu-gu.

[2014 Highest 1895] The defendant is not a person handling narcotics.

1. On March 2014, the Defendant, who was set up in the H-S or parking lot G G in Gyeongsan-si, was administered by inserting approximately 0.03g of psychotropic drugs, together with water, in a single-use injection machine (hereinafter referred to as “propopon”) in the Defendant’s vehicle, which was set up in the H-S or parking lot G in Gyeongsan-si.

2. On March 23, 2014, at around 18:30, the Defendant administered 0.03ghon in coffee by inserting approximately 0.03ghon into coffee.

Summary of Evidence

[2013 Highest 5129]

1. Legal statement of witness F (a consistent statement and recognition of credibility as it clearly describes the witness F;

1. The details of telephone conversations (271 pages of investigation records), text messages (277 pages of investigation records);

1. Investigation report (Calculation of Additional Imposition) (The defendant denies the fact that he received a phiphone from F, but considering the witness F's statement, telephone conversations details, text messages, etc., it is sufficiently recognized that the defendant received a phiphone from F as stated in the facts constituting the crime) [the defendant]

1. Defendant's legal statement;

1. Statement of the police statement to K;

1. Test results;

1. Application of Acts and subordinate statutes to an investigation report (calculated of a surcharge), the price of scopphones transaction [scopphones], an investigation report (verification of the date of release from the office), and the status of reduction

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

1. Article 35 of the Criminal Act among repeated crimes;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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