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(영문) 대구지방법원 서부지원 2016.03.17 2016고단332
마약류관리에관한법률위반(향정)
Text

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

Seized evidence 3 shall be confiscated.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On March 26, 2013, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act in the Seo-gu District Court’s Branch Branch Branch, and completed the execution of the sentence in Daegu Prison on July 30, 2014.

【Criminal facts】 The Defendant is not the handler of narcotics

1. On February 7, 2016, the Defendant: (a) in a eF studal vehicle standing on the road in front of the D Park in Daegu Suwon-gu D Park on February 7, 2016; (b) Metepile, which is a local mental medicine medicine, from F (a one-time philopon; hereinafter referred to as “philopon”).

approximately 0.03g was given free of charge.

Accordingly, the defendant accepted philophones.

2. On February 13, 2016, at around 23:00, the Defendant, at the residence of the Defendant in Daegu-gu G, put approximately 0.03g of philopon into a single-use injection machine and dilution with water, administered the Defendant to his left arms.

Accordingly, the Defendant administered philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (as to attachment of photographs);

1. Report on the results of the preliminary test for narcotics, - an appraisal report on narcotics;

1. A protocol of seizure and a list of seizure;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to judgments of the same kind as the suspect A), investigation report (prior convictions and confirmation of repeated crimes), and statutes;

1. Articles 60(1)2, 4(1), and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc. under the relevant Act on the Criminal Facts (the receipt and delivery of a local mental medicine and the provision of a medication) and the choice of imprisonment, respectively;

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

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Sentencing Criteria for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. 【The Sentencing Criteria】 [The scope of recommendations]: The defendant is guilty of administering three types of medication and simple possession (6 months to one year and six months) (special mitigation). The defendant is guilty of sentencing.

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