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(영문) 대전지방법원 2013.10.28 2013고단2533 (1)
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

300,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Narcotics Control Act at the Seoul Southern District Court on December 29, 2011, and on July 1, 2012, the same criminal records are more than four times, in addition to the completion of the enforcement of the sentence.

【Criminal Facts】

The defendant is not a person handling narcotics.

1. Around December 30, 2012, the Defendant: (a) stopped in front of a restaurant with no knowledge of the trade name in Ansan-dong-si; and (b) received approximately 0.3g of philopon from the said D’s vehicle within a separate co-defendant’s vehicle in front of the restaurant with no knowledge of the trade name; and (c) received it.

2. On the same day, the Defendant administered approximately 0.1g of philophonephones, as described in the foregoing 1.1., at the home of the Defendant’s Party E located in the Gyeongnam-gun, the Defendant administered approximately 0.1g of philophones in the coffee.

3. On the 31st day of the same year, the Defendant administered approximately 0.1g of the instant philophonephones, as described in the above 1.1., in a way that they drinks to coffee.

4. At the end of June 2013, the Defendant administered approximately 0.1g of the instant Defendant’s office, as described in the foregoing 1.1.g. Handphones, which were 0.1g of the instant Defendant’s penphones, on a coffee.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. A protocol concerning the examination of suspect of separate co-defendant F by the prosecution;

1. Statement of each prosecutor's statement concerning separated co-defendant F;

1. A written request for appraisal;

1. Seizure records (No. 261 pages of investigation records);

1. Each report on investigation;

1. Previous convictions: Application of Acts and subordinate statutes of criminal records, investigation reports (the date of release from A, the confirmation of the date of release from A and the copy of the judgment);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the elective Management of Narcotics, Etc. concerning Criminal Facts and the Selection of Punishment;

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. The criminal defendant for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. shall be punished for the same crime.

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