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(영문) 대구지방법원 2018.02.02 2017고단1703
마약류관리에관한법률위반(향정)
Text

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

1,500,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On April 9, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Narcotics Control Act (compact) in the Support for the Magwon method and child delivery. On August 27, 2015, the Defendant terminated the execution of the sentence in the Innju prison on August 27, 2015. On May 19, 2017, the Daegu District Court sentenced the Defendant to one year and ten months of imprisonment with prison labor for a violation of the Narcotics Control Act (compact). The judgment became final and conclusive on July 27, 2017 and is not a narcotics handler.

On November 28, 2015, the Defendant: (a) opened a cash of KRW 1,500,000 from E in front of the Defendant’s D church parked in Daegu-gu, Daegu-gu; and (b) sold the said E with the volume of the merptist’s non-explosion (a quantity to the degree of the finger) to the said E.m.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Investigation report (Analysis of suspect mobile phone calls), (A) CDs, investigation report (Analysis of E mobile phone calls), and E call details;

1. A statement of narcotics appraisal (E, cines), and a statement of narcotics appraisal (E, hairs);

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports (reficiencies and confirmations during trials), judgment text and personal confinement status (A);

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is that the defendant was sentenced to imprisonment with prison labor for a drug crime before and again commits the crime of this case during the period of repeated crime, and that the defendant committed the same criminal offense more than twelve times is disadvantageous.

It is true that the defendant made a statement to the effect that he waits about the fact that he denies the crime, and then gets a judgment at the same time as a violation of the Act on the Control of Narcotics, etc. in the judgment, which became final and conclusive.

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