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(영문) 대전지방법원 2014.06.20 2014고단1385
마약류관리에관한법률위반(향정)
Text

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

105,600 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On June 28, 2001, the Defendant is a forest fire supervisor with the same criminal records more than five times in addition to those sentenced to imprisonment with labor for the crime of violation of the Act on the Control of Narcotics, etc. at Busan District Court on June 28, 2001.

The defendant is not a person handling narcotics.

1. Around March 2014, 2014: (a) Masan Station in front of the Masan Station located in the Masan Station in Changwon-si, Changwon-si; (b) approximately 0.12 g of psychotropic drugs, a single injection device containing approximately 0.12g of psychotropic drugs, from D, was received without compensation, using a single injection device containing approximately 0.12g of psychotropic drugs.

2. On the same day, the Defendant administered chophonephones by driving approximately 0.03g of chophones, among chophones owned by the Defendant, which were parked behind the house of the above C, in the same day, at the same time, in the middle of the chophones, as in paragraph 1.

3. The same year; and

4. Around 17.17. At the Defendant’s house located in F in the Gyeongyang-si F, approximately 0.03g of philophones in possession of a dry phone, such as paragraph 1, were administered in a way of drinking in water.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning suspect interrogation of C;

1. Protocol of the police statement concerning G;

1. Requests for appraisal;

1. Application of statutes concerning criminal records;

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., and Article 30 of the Criminal Act concerning the crime, the selection of imprisonment with labor, and the selection of imprisonment with labor;

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

1. Collection: The fact that around February 2014, nearest at the time when a judgment under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. was rendered, confessions and reflects the reason for sentencing of KRW 880,000 (see Supreme Court Decision 2013Do5971, Jul. 25, 2013) = 0.12g =105,600) of the retail price of oponphones nationwide (see Supreme Court Decision 2013Do5971, Jul. 25, 2013).

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