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(영문) 서울남부지방법원 2018.01.31 2017고단5758

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence Nos. 1 and 2 shall be confiscated from the accused.

from the defendant.

Reasons

Punishment of the crime

On June 23, 2016, the Defendant was sentenced to one year and two months of imprisonment for a violation of the Narcotics Control Act, etc. at the Daegu District Court on June 23, 2016, and completed the execution of the sentence at the Ganyang detention center on June 18, 2017.

1. The Defendant is not a narcotics handler.

On November 15, 2017, at around 14:00, the Defendant put up “D” 506, located in Geumcheon-gu Seoul Metropolitan Government, in his entrance, approximately 0.1g of Meteptop clocks (one philopon; hereinafter “philopon”), which is a primary mental medicine, in drinking water, in drinking water, and included a plastic paper containing approximately 1.07g of philopon under this part.

Accordingly, the defendant administered and balon philophones.

2. On November 15, 2017, at around 16:30, the Defendant destroyed another’s property by taking the 506 heading room “D” as indicated in paragraph (1) of the same Article, which lacks the ability to discern things or make decisions by taking the phiphones into account the ability to discern things and make decisions. The Defendant damaged another’s property by taking out the glass cups, cups, and fireproofly, the market price of which is equivalent to KRW 3,00,000, which was located outside of the windows.

Summary of Evidence

[Case No. 1]

1. Statement by the defendant in court;

1. Police seizure records (voluntary submission);

1. Correspondence to a request for appraisal (prestigious, whitely dried, urine, etc.);

1. Investigation report (Calculation of a surcharge) (the crime No. 2 of the judgment);

1. Statement by the defendant in court;

1. E statements;

1. Photographs;

1. Not physically and mentally weak as indicated in the judgment: Each protocol of suspect interrogation of the police (No. 1 and 2 times) and investigation report (related to injections submitted by the person who is accused) against the accused (the previous record in the judgment);

1. Written inquiry about criminal history, etc. (A);

1. Investigation report (verification of criminal records of the same kind, repeated crimes, and attachment of sentences of the judgment);

1. Application of statutes, such as judgment;

1. Article 60(1)2, Article 4(1)1, Article 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc. and Article 366 of the Criminal Act concerning criminal facts

1. Imprisonment with prison labor for choice of punishment;

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

1. Articles 10(2) and 55(1)3 of the Criminal Act to reduce mental and physical drugs.