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(영문) 대구지방법원 서부지원 2016.10.20 2016고단1375
마약류관리에관한법률위반(향정)
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

【Criminal Power” On August 13, 2014, the Defendant was sentenced to ten months of imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court on April 11, 2015. On September 10, 2015, the Defendant was sentenced to one year and six months of imprisonment with labor for a violation of the Act on the Control of Narcotics, etc. at the Suwon District Court on September 10, 2015, and the said judgment became final and conclusive on December 19, 2015 (the scheduled date of the termination of the term of punishment: January 11, 2017).

【Criminal Facts】 The Defendant is not a person handling narcotics, but is not a person handling narcotics, and is not a person handling narcotics, but not a person handling narcotics, such person is prohibited from selling and buying a psychotropic drug-related camblopon (hereinafter “camlopon”).

Nevertheless, around July 14, 2015, the Defendant received KRW 50,000 in cash from D from Nam-gu Incheon Metropolitan City Ctel 205, and sold a disposable injection device containing approximately 0.2g of philopon to D.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (specific circumstances of A crime date of a suspect);

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to criminal records, investigation reports (Attachment to A judgment of a suspect);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts;

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

1. The latter part of Article 39(1) of the Exempted Criminal Act [the crime of violation of the Act on the Control of Narcotics, Etc. (the crime of violation of the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on

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