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(영문) 대구지방법원 2014.04.10 2013고단7037
마약류관리에관한법률위반(향정)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On August 3, 2013, the Defendant purchased approximately KRW 500,00 to E in front of a D restaurant near Daegu-gu C market, and requested to request psychotropic drugs to rescue camphographs (one philopon; hereinafter “philopon”), and then purchase approximately 0.8g (eight (eight (eight (eight (eight (h) square) of a single philopon).

2. On August 3, 2013, the Defendant purchased a penphone as above and delivered approximately 0.03g of the penphone, which was purchased from a toilet near the C market, to E.

3. On August 3, 2013, the Defendant: (a) took up approximately 0.1g of the phiphonephones purchased from the G in Daegu Northern-gu, as described in paragraph (1), into a single-use injection unit; (b) dilution with the aquatic water; and (c) administered them in a way of injecting the fluor of the right arms.

4. On August 2013, 2013, the Defendant: (a) administered the philopic volume of a philopon one time at the I Mophone room around the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the police interrogation protocol concerning E;

1. Response to a request for appraisal (2013-S-10251);

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to a monthly trend of narcotics, etc.) and a criminal investigation report;

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 imprisonment, respectively;

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. In addition, even though the defendant for sentencing under Article 67 of the Act on the Control of Narcotics, Etc., had a record of serving five times punishment as the crime of violating the Act on the Control of Narcotics, etc., during the period from 2001 to 2007.

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