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(영문) 대구지방법원 2016.03.11 2016고단259

마약류관리에관한법률위반(향정)

Text

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

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On August 14, 2013, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Ulsan District Court on the part of August 14, 201, and completed the execution of the sentence on November 13, 2014.

Defendant is not a narcotics handler.

1. On December 2, 2015, the Defendant administered philophones by hanging approximately 0.03 g of 0.03 g, among Mesophical drugs purchased from a person who was unable to know his/her name at around 22:0, the Defendant’s residence, a residence of the Defendant in Busan City, from a person who was unable to know his/her name at around 506, the Defendant administered philophones by hanging the Melograms (one philophone; hereinafter “philophones”).

2. On January 3, 2016, at the same place as paragraph 1, the Defendant administered philophones by means of drinking 0.03g of philophones, which remain after being administered, as in paragraph 1, at the same place as paragraph 1.

Summary of Evidence

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

1. A copy of a letter at the time of a urine inspection, the location of the base station where the real-time transmission of mobile phones, the details of the transmission of mobile phones, the location of the base station, reply to each request for appraisal, and narcotics

1. Previous convictions in judgment: Application of respective Acts and subordinate statutes in three parts of inquiry letter, personal identification and acceptance status, and text of judgment, such as criminal history;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Facts and the Selection of Sentence 3, Article 60 of the Act on the Management of Narcotics, Etc. (Selection of Imprisonment with prison labor);

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. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of applicable sentences under the Act] 1 month or 30 years of imprisonment [the determination of types] 3 (b) and (c) of the Act on the Control of Narcotics, Etc. ] - The criminal records of the same kind (not more than three years of suspended execution) as the aggravated factors - [the scope of the recommended punishment] 1 to 3 years [the scope of the recommended punishment] - the aggravated area - the criminal records of the same kind (not less than three years of suspended execution) as the aggravated factors - the criminal defendant is sentenced to both the criminal records of the same kind (not less than three years of suspended execution and not more than 10 years of suspended execution) or the criminal