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(영문) 대구지방법원 김천지원 2019.05.28 2019고단80
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[Criminal Power] On November 20, 2014, the Defendant was sentenced to a suspended sentence of three years for a violation of the Act on the Control of Narcotics, etc., in the Daegu District Court Kimcheon Branch on November 20, 201, and on January 12, 2017, at the Chuncheon District Court sentenced ten months of imprisonment for a violation of the Act on the Control of Narcotics, etc., and the said sentence became final and conclusive on May 11, 2017, and the said suspended sentence became null and void. On June 14, 2017, the Defendant was sentenced to a one year and two months of imprisonment for a violation of the Act on the Control of Narcotics, etc., and completed the execution of each of the said sentence in the Jungcheon District Court's original branch on January 14, 2019.

【Criminal Facts】

No person, other than a person handling narcotics, shall trade, assist in the trade of, give or receive, possess, possess, use, administer, prepare, administer, or provide, a psychotropic drug psychotropic drug (hereinafter referred to as "clopon").

Despite the fact that the Defendant is not a person handling narcotics, the Defendant administered the volume of phiphonephones by an inorganic method between January 14, 2019 and January 18, 2019.

Although the facts of the crime appear several times, it is difficult to view that there is an obstacle to the Defendant’s exercise of the right to defense by stating in the instant case that only the Defendant contests whether to administer philophones, and in light of the nature of the crime, the above general indication does not have any inevitable aspect. Therefore, the content of the indictment can be deemed to have been specified.

(See Supreme Court Decision 2007Do2694 Decided June 14, 2007). Summary of evidence

1. The police statement concerning B;

1. The result of fact-finding by the court on the National Scientific Investigation Institute;

1. Detailed statement of handling each 112 Reporting Cases;

1. Investigation report (the attachment of a response to a request for appraisal), and reply to a request for appraisal;

1. Records of seizure and the list of seizure;

1. Previous convictions in the judgment: Criminal history records (A), investigation reports (verification of the release of a suspect A - repeated crimes) have not been administered.

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