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(영문) 대구지방법원 서부지원 2016.07.29 2016고단988

마약류관리에관한법률위반(향정)

Text

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

239,400 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On May 9, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act, for a violation of the Act on the Control of Narcotics, etc. on September 4, 2013, and the execution of the sentence was terminated on September 4, 2013. On February 25, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. at the Changwon District Court, and the judgment became final and conclusive on the same day on the same day.

No person, other than a narcotics handler, shall receive or deliver Mespophophones (one philopphone) which is a local mental medicine.

On January 10, 2016, the Defendant received from the stairs of “Esing practice hall” on the second floor of “D cafeteria” located in Jinnam-si, Jinnam-si, the Defendant received, without compensation, a one of the one for a single-use injection device containing approximately 0.09g philopon from F.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the protocol concerning the examination of suspect with respect to F (three times); and

1. Previous convictions: Application of a reply to inquiry, such as criminal history, personal identification and acceptance status, and Acts and subordinate statutes to report criminal investigations (Attachment of current detention cases by a suspect);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under Article 60 of the same Act concerning facts constituting an offense (or choice of imprisonment);

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:

1. The sentencing of the proviso of Article 67 of the Act on the Management of Narcotics, Etc. has a record of being sentenced to criminal punishment several times for the same crime as the sentencing of the proviso of Article 67 of the Act on the Management of Narcotics, Etc., and the sentence is imposed as a repeated crime, but it is against the fact that it