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(영문) 대구지방법원 2015.11.13 2015고단3790
마약류관리에관한법률위반(향정)
Text

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

Seized evidence 1, 2, and 3 shall be confiscated.

10,000 won from the defendant

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On August 12, 2015, at around 22:30, the Defendant purchased approximately 300,000 won to E on the street near Daegu-gu Seoul-gu, and purchased approximately 1g of psychotropic drugs, Meptiles (hereinafter “diphones”).

2. On August 13, 2015, at around 02:00, the Defendant injected approximately 0.05g philopon into a single-use injection machine, dilution it into the arms, and injected it into the arms.

3. At around 10:30 on August 13, 2015, the Defendant kept approximately 0.9483g philophones under the supervision of the guide book manager, and possessed them.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes governing monthly trends in narcotics, etc., such as a copy of a letter of prosecution, investigation report (Attachment to photographs of the site of seizure), photograph, investigation report (Attachment to photographs of the seized articles), photographics, test report, investigation report (calculated as additional collection charges), and reporting;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the selection of a sentence, respectively;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Purchase or acceptance for medication, simple possession, etc. in the mitigated area (8 months to one year and six months) of category 2 (marijus, Do administration, item (b), (c), etc.) of the Act on the Control of Narcotics, Etc. (the scope of recommendation), trade, good offices, etc. due to the purchase of phiphones;

(b) There is no basic area (10 months to 2 years) (10 months) of the basic area (10 months to 10 years) of types 3 of the Act on the Control of Narcotics, Etc. (the scope of recommendation), medication, simple possession, etc. due to the possession and administration of phiphonephones;

(c)endend by aggravating multiple offenses.

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