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(영문) 대전지방법원 2014.08.08 2014고단1848

마약류관리에관한법률위반(향정)

Text

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

Seized evidence 23 shall be confiscated.

400,000 won from the defendant.

Reasons

Punishment of the crime

On August 22, 2013, the Defendant was sentenced to six months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. in Daejeon District Court on August 2, 2013, and completed the execution of the sentence on October 31, 2013.

The defendant is not a person handling narcotics.

1. Around June 10, 2014, the Defendant received approximately 0.14 g of psychotropic drugs from E, a psychotropic drug, a psychotropic drug, from A, which was known to him/her in the street in the vicinity of the D/L station located in the Sinju City, to return to the Daejeon prison, and received them without compensation.

2. Around June 11, 2014, the Defendant administered approximately 0.05g of clophonephones received in the Dong-gu Daejeon, Daejeon, by drinking in water.

Summary of Evidence

1. Defendant's legal statement;

1. A report on public investigation and a report on the result of detailed appraisal of the prosecution;

1. Reporting on the calculation of additional collection charges;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (written judgments and reports attached to the current status of personal water saving);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) (Article 2 subparagraph 3 (b) (Article 60 (1) 2, Article 4 (1) 1, and Article 2 of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment)

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Article 48 (1) of the Criminal Act of confiscation;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Cooperation in general investigation that the risk of recidivism is very high (limited to a second-class punishment), including narcotics crime group, medication, simple possession, etc. (type 3), aggravated area, imprisonment with prison labor for a year to 3 years (applicable to guidelines for multiple crimes), imprisonment with prison labor for a year to 1 year and 3 years [decision of sentence] imprisonment with prison labor for a year and 2 months, one time of the same suspended sentence, one time of the same suspended sentence, one time of the same suspended sentence, two times of the suspended sentence of this paper, two times of the suspended sentence of this paper, and one time of the suspended sentence of this case to 17 times of a fine, and one time of a fine for a second-class suspended sentence; the crime of this case is subject to repeated crimes, etc.