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(영문) 대구지방법원 2014.01.16 2013고단4281
마약류관리에관한법률위반(향정)
Text

The defendant shall be exempted from punishment.

30,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On July 8, 2009, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Suwon District Court, and completed the execution of the sentence in the previous prison on August 24, 2010. On May 10, 2013, the Defendant was sentenced to two years and six months of imprisonment for the same crime at the Daegu District Court, and the said judgment became final and conclusive on December 21, 2013.

1. On August 201, 201, the Defendant: (a) delivered a single-use injection device containing approximately 0.05 g of psychotropic drugs to D on the road in front of the residence of D located in the Dong-gu Busan, Busan; (b) around August 201, the Defendant provided them free of charge.

2. On March 13, 2012, the Defendant, at around 13:00, delivered D a disposable injection machine containing approximately 0.1g of philopon to D in the F Station located in Kimcheon-si, Kimcheon-si.

Summary of Evidence

1. Legal statement of witness D;

1. Copy of the protocol concerning the examination of suspects of G;

1. The prosecutor's statement concerning G;

1. Copy of the response data;

1. Investigation report (unclaimed D or G judgment);

1. A report on investigation (calculated additional charges);

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports ( current status of confinement/taking by individual and attachment of indictments), investigation reports (Attachment of criminal records of the same kind of suspect), application of respective statutes;

1. Article 60 (1) 3 and Article 4 (1) and subparagraph 4 (b) of Article 2 of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 10786, Jun. 7, 201);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;

1. The Defendant, before and after the commission of each of the instant crimes, was sentenced to imprisonment with prison labor for not less than two years and six months, and the judgment of the court became final and conclusive, as in the previous conviction, as stated in the judgment, for the crime of selling or delivering approximately 40 g of phiphones over 12 times.

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