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(영문) 부산지방법원 2018.04.05 2018고단562

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

subparagraph 3 of the seized evidence shall be forfeited from the accused.

Reasons

Punishment of the crime

On October 20, 2016, the criminal suspect was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on October 20, 2016 and completed the execution of the sentence on October 21, 2017.

Criminal facts

1. The Defendant, in violation of the Narcotics Control Act, treated narcotics as follows, even though he is not a narcotics handler.

On February 4, 2018, the Defendant, at around 20:00, entered the main text medicine C and 401 in the dwelling of the Defendant, which is a local mental medicine, and administered a medication by means of drinking water. < Amended by Presidential Decree No. 20. 0373, Feb. 4, 2018; Presidential Decree No. 20358, Feb. 4, 2018>

2. In around 22:20 on the same day, the Defendant damaged the F hotel 403 operated by the victim E in Busan, the Plaintiff collected 25,000 won of the market price, which is 25,000 won or more from its windows, of which the victim owned by the victim E, and caused damage to the Defendant’s total amount of 345,000 won or more by cutting off the shock network equivalent to the market price of 290,000 won or more from its windows.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each police statement protocol with respect to E and G;

1. E statements;

1. Police seizure records;

1. An explanatory note;

1. A report on investigation (calculated additional collection charges);

1. Ratification (investigation report, net 30);

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports (including net time 26, additional court rulings, and current status of personal confinement);

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 366 of the Criminal Act concerning facts constituting an offense, and Article 60 (1) 3, Article 4 (1) 3 (b) of the Act on the Selection of Narcotics, Etc., and Article 366 of the Criminal Act;

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

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

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

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. for Additional Collection (Standards for 100,000 won at a market price for one philopon administered once);

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the reason for the order of provisional payment.