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(영문) 대구지방법원 2014.12.11 2014고단5509
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence No. 1 shall be confiscated.

20,000 won from the defendant.

Reasons

Punishment of the crime

On February 24, 2011, the Defendant sentenced the Daejeon District Court to eight months of imprisonment for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence on June 8, 2011.

1. On September 10, 2012, the Defendant: (a) inserted approximately 0.03g of psychotropic drugs in a single-use injection machine; (b) injected in the psychotropic drugs (i.e., a single-use philopopon; hereinafter “philopon”); and (c) injected them by injecting them into the arms.

2. On October 23, 2014, the Defendant administered philophones in a cafeteria near the E market located in Daegu Northern-gu, by inserting the dilution in a single-use injection machine, which remains when the philophones are administered like the preceding paragraph, into a string of water dilution.

Summary of Evidence

1. Defendant's legal statement;

1. Each test report, appraisal report, and appraisal result report;

1. Investigative report (calculated additionally), price of narcotics traded;

1. Previous convictions in judgment: Inquiry reports, investigation reports, personal identification and confinement status, application of statutes of the judgment;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts;

1. Article 35 of the Criminal Act among repeated crimes (Article 35 of the Criminal Act in the market);

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

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

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., even though the defendant had been punished several times for a violation of the Act on the Control of Narcotics, Etc., the medication under paragraph (1) has been repeatedly administered in the form of a repeated crime, and the fact that the defendant committed the medication during the period of a repeated crime, the necessity of severe punishment against the narcotics offender, the necessity of the defendant's mistake, and the situation of the second degree disability of the mental retardation due to a fire accident, and other arguments such as the defendant's age, character and behavior, intelligence and environment, motive, means and consequence of the crime, etc.

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