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(영문) 대구지방법원 2018.04.12 2018고단55
마약류관리에관한법률위반(향정)
Text

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

450,000 won shall be additionally collected from the defendant.

Reasons

Criminal facts

On September 18, 2015, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Narcotics Control Act (competence) at the Daegu District Court on September 18, 2015, and completed the execution of the sentence at the official prison on December 29, 2016.

Defendant is not a narcotics handler.

1. Crimes committed on August 2017 by Police Officers;

A. On August 2017, the Defendant purchased penphones with approximately KRW 2.50,00 to E in front of Dgynasium located in Daegu-si, Daegu-si, and approximately 0.1g g of crynasium, which is a local mental medicine in a plastic bag from the Defendant, (one philopon; hereinafter referred to as “philopon”).

B. On August 2017, the Defendant administered philophones by inserting approximately 0.05g of the said philophones into a single-use injection machine at the residence of E located in the north-gu, Daegu-si, Daegu-si, and diversing them into water and dilution them into the Defendant’s arms.

2. Crimes committed on December 2, 2017;

A. On December 2, 2017, the Defendant received philophones by receiving approximately 0.05 g of philophones from G from 710 G at night on December 2, 2017.

B. The Defendant administered philophones by inserting approximately 0.05g of philophones into a single-use injection machine at the time and place described in the above 2-A, and dilution with water, and in the way of injecting them into the Defendant’s arms.

3. Crimes committed on December 11, 2017;

A. On December 11, 2017, the Defendant received philophones from I without compensation, and received 0.05 g philophones from I within H 201 at night, Daegu Sin-si H201.

B. The Defendant administered philophones by inserting approximately 0.05g of philophones into a single-use injection machine at the time and place described in the above 3-A, and dilution with water, and in the way of injecting them into the Defendant’s arms.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. A protocol concerning suspect interrogation of I by the prosecution;

1. Each protocol of seizure;

1. Written replys to the requisitions, narcotics appraisal report 1.

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