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(영문) 대구지방법원 포항지원 2017.09.14 2017고단726

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for a month.

Reasons

Punishment of the crime

[criminal history] On September 13, 2012, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Suwon Franchi, and completed the execution of the sentence on December 27, 2014. On October 7, 2016, the Defendant was sentenced to imprisonment with labor for two years and six months for a violation of the Narcotics Control Act at the Busan District Court, and the judgment became final and conclusive on December 15, 2016.

[2] The Defendant, who is not a person handling narcotics, is not a person handling narcotics, shall not be allowed to handle the instant case, such as possessing mephones (the clopphone, the copphone, the copphone, and the copphone).

Nevertheless, on July 19, 2015, the Defendant: (a) divided it into a small vinyl paper of approximately 1.82 g (1.82g) purchased from the sales of his/her name in a non-written telephone at the parking lot of the non-written telephone located in the Sisking-si, Sisking-si; and (b) stored it in the bitle of his/her driver vehicle in the bitular phone.

Accordingly, the defendant possessed a philophone.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. An appraisal report on narcotics and a report on the results of field identification;

1. Each photograph;

1. Previous convictions in judgment: References to inquiries, investigation reports (Attachment to concurrent judgments after Article 37 of the Criminal Act), personal confinement status, and application of Acts and subordinate statutes of each written judgment;

1. Article 60 (1) 2, Article 4 (1), and Article 2 (3) 2 (b) of the Act on the Selection and Management of Narcotics, Etc. concerning criminal facts (or choice of imprisonment with prison labor);

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act: