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(영문) 대구지방법원 2015.11.20 2015고단4625
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Seized evidence 1 and 3 shall be confiscated, respectively.

The defendant 20,000.

Reasons

Punishment of the crime

On October 18, 2013, the Defendant was sentenced to imprisonment for one year and three months for a violation of the Act on the Control of Narcotics, Etc. at the Daegu District Court (hereinafter referred to as the "Act on the Control of Narcotics, etc.") and completed the execution of the sentence on May 1, 2014, and was not a narcotics handler.

1. On September 10, 2015, at around 16:00, the Defendant received KRW 100,000 from E on the road in Seo-gu, Daegu, Seo-gu, and gave to the person under whose name the Defendant obtained approximately 0.5 g of psychotropic drugs from his/her name misscopon, and arranged to trade phiphones by using approximately 0.5 g of psychotropic drugs from his/her name misscopon (hereinafter “copon”).

2. On September 10, 2015, at around 16:30, the Defendant, at GPC bank toilets located in Daegu-gu, Daegu-gu, put approximately 0.03g of philophones into a disposable injection toilet, melted the water into the Defendant’s arms, and administered them in a way of injection into the Defendant’s arms.

3. On September 16, 2015, at around 19:20, the Defendant kept approximately 0.5g of opphonephones in front of a H restaurant located in Daegu-gu, Daegu-gu, in a way that they are kept in custody of the Defendant’s right-hand buss and under his/her own clothes by dividing them into vinyl 0.5g and a single-use injection machine.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of a protocol of police interrogation regarding E;

1. A report on investigation (Attachment to photographs of seized articles) and a test report;

1. Application of Acts and subordinate statutes to inquiry reports;

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. Article 35 of the Criminal Act for aggravated repeated crimes;

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. Type 2 (B) of the Act on the Control of Narcotics, Etc. (the scope of recommendations) (the scope of recommendations), sales, good offices, etc. due to the provision of phiphonephones (1 year and 6 months to 4 years) (the specially under way) is increased area (1 year and 6 months).

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