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(영문) 대구지방법원 2013.12.06 2013고단4750
마약류관리에관한법률위반(향정)
Text

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

20,000 won shall be additionally collected from the defendant.

Reasons

Criminal facts

On September 27, 2011, the Defendant was sentenced to one year and two months for violation of the Act on the Control of Narcotics, Etc. in the Daegu District Court on September 27, 201, and completed the execution of the sentence in the Ansan Prison on September 21, 2012.

Defendant is not a narcotics handler.

[2013 Highest 4750] On March 31, 2013, the Defendant: (a) put approximately 0.03g of the psychotropic drugs delivered from D into a single-use injection machine; (b) injected them into one-time injection machine; and (c) dilution them with their raw water.

[2013 Highest 5903] On July 15, 2013, the Defendant, at the Epark toilet located in Daegu Jung-gu, Daegu-gu, the Defendant: (a) stored approximately 0.03gg of psychotropic drugs in a single-use injection instrument; (b) injected them by means of injecting them on their right side.

Summary of Evidence

[2013 Highest 4750]

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused (including F and D's statement);

1. Each police suspect interrogation protocol against D or F;

1. Police seizure records and list of seizures (2013 senior order 5903);

1. Defendant's legal statement;

1. Attachment of a response to a request for appraisal (A solicitation-training);

1. Application of Acts and subordinate statutes on criminal records, reply reports, and current status of confinement/taking by individual;

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

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

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

1. The Defendant, for reasons of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., has a history of having been sentenced to seven times of punishment for the same kind of crime, and one time of suspended sentence, and the Defendant should be punished strictly in that he/she again commits the instant crime during the repeated crime period.

However, the defendant's confession of the crime of this case and reflects the wrongness, and the health status is not good.

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