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(영문) 대구지방법원 2014.09.24 2013노3587
마약류관리에관한법률위반(향정)
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

2.90,000 won from the defendant.

Reasons

A. As to the pertinent statutory provisions, Articles 60(1)3 and 4(1), and 2 Subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 932, Jan. 18, 2010); Articles 60(1)3 and 4(1)4(b) of the former Act on the Control of Narcotics, etc. (amended by Act No. 10786, Jun. 7, 201); Articles 60(1)3 and 4(1)4(b) of the former Act on the Control of Narcotics, etc. (amended by Act No. 10786, Jun. 7, 201); Article 30 of the Criminal Act

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. Collection of additional taxes under the proviso to Article 67 of the Act on the Control of Narcotics, etc. [10,000 won shall be collected for the portion of phiphones administered once as described in the judgment of the court, as set forth in paragraph (1) of this Article, and from case of paragraph (2) of this Article, from case of the part where 5 g of phiphones are traded or arranged, 0.62 g of phiphones from case of the last holder of the above phiphones, and since the whole amount of appraisal was consumed, 2.90,00 won (4.38/5 * 2.5 million) shall be collected from the defendant for the remaining 4.38g of 4.38g of 4.3g of 2. The defendant has a history of punishment for the same crime, again committing the crime in this case during the period of punishment for the same kind of crime: Imprisonment with prison labor for the defendant, for a violation of the Act on the Control of Narcotics, etc., for six months (1-6-month of Specific Crimes).).

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