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(영문) 대구지방법원 2016.02.16 2015고단6038

마약류관리에관한법률위반(향정)등

Text

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

Seized evidence 1 or 2 shall be confiscated.

10,000 won from the defendant.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to two years of imprisonment with labor for a violation of the Narcotics Control Act at the Daegu District Court on June 5, 2012, and four months of imprisonment with labor for a violation of the Daegu District Court on February 27, 2014, and for a violation of the Petroleum and Petroleum Substitute Fuel Business Act at the Daegu District Court on February 27, 2014, respectively.

4. 13. The Daegu detention center completed the enforcement of each of the above punishments.

[Criminal facts]

1. A special intimidation: (a) on October 5, 2015, the Defendant requested repair of SM5 car at the EKa Center operated by the victim D (49 cm) in Daegu-gu, Daegu-gu, on the ground that the victim was “Incompeting repair due to an engine failure,” and (b) took the victim’s bath to “the victim’s booms, so it would be difficult to repair due to an engine failure,” and (c) fluencing the victim’s booms, such as flusing the victim’s face, and fluencing the victim’s face by continuously sounding the disturbance, such as flusing the victim’s face, flus (33cm in length, 21cm in length) and flusing the victim’s fluor, and threatened the victim’s fluencing with the victim’s fluor.

2. On November 30, 2015, the Defendant, in violation of the Narcotics Control Act, administered approximately 0.03 grams in the car of the Defendant, parked in G public parking lots located in Daegu-gu, Daegu-gu, Daegu-gu, by inserting approximately 0.03g of the Melap, a local mental medicine, into a call, and administering them by drinking.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the prosecution with regard to D;

1. Each protocol of seizure;

1. CCTV CDs;

1. Test results;

1. Previous convictions in the judgment: A reply to inquiry, such as criminal history, investigation report (the confirmation report of the date of release of the defendant) / (the defendant only used a knife and there is no fact that the victim was displayed towards the victim. However, according to D's statement and CCTV CD reproduction result, the defendant's knife with a knife and a knife with a knife and a knife with a knife, can be recognized

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;