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(영문) 대구지방법원 포항지원 2019.05.09 2018고단1629
마약류관리에관한법률위반(향정)등
Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 1, 2018, the Defendant: (a) voluntarily surrendered to the effect that the Defendant administered the Metepopty of the new wall psychotropic drugs on the same day (hereinafter “philopon”) at the C police station parking lot located in B at one-time on October 1, 2018; (b) the Defendant collected two bricks (19cm in length) in front of the smoking room in the police station where the measures for returning home were verified by voice from the outcome of the urine simplified and urine Preliminary experiment; and (c) caused two bricks (19cm in length) in front of the 1st floor criminal support team office of the police station building at the police station at two times, thereby destroying two glass windows equivalent to the market price of KRW 400,000.

Accordingly, the defendant damaged the above glass, which is a public object.

2. A person who violates the Act on the Control of Narcotics, etc. (flag) is not a person handling narcotics, and thus is not a person handling narcotics.

At around 09:00 on October 2, 2018, the Defendant: (a) carried 0.11g of a philopon purchased from a fire in the small bank of E building F located in North-gu, Northern-gu, Northern-si, by dividing into three caps, and storing them in a capsule.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. A written statement of I;

1. Seizure records;

1. Each written appraisal and written estimate;

1. Application of each statute on photographs;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 and Article 141 (1) of the Criminal Act concerning facts constituting an offense, and Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Act on the Selection and Management of Narcotics, etc., and Article 14

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

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Grounds for sentencing in the main sentence of Article 67 of the Act on the Control of Confiscated Narcotics;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

A. First offense (damage to Public Goods) (Determination of Pronouncement of Punishment) is an offense of obstruction of the performance of official duties (Article 1).

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