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(영문) 대구지방법원 서부지원 2014.06.19 2014고단270
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for one year.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

In the Daegu District Court on July 27, 2010, the Defendant sentenced 1 year and 3 months to imprisonment for a violation of the Act on the Control of Narcotics, etc., and completed the execution of the sentence on April 3, 201 in the Daegu Prison on April 3, 201.

(Criminal Facts)

1. The Defendant is not a person handling narcotics, etc.

On February 23, 2014, at around 01:00, the Defendant d Park in the Daegu-gu D Park that received approximately 0.03 grams of psychotropic drugs (one philopon; hereinafter referred to as the “philopon”) from a person with no personal knowledge in the vicinity of the D Park in the Daegu-gu D Park.

Accordingly, the Defendant administered philophones.

2. On February 23, 2014, at around 11:50 on February 23, 2014, the Defendant: (a) administered hmophones in Daegu-gu F (the age of 60), hmophones, as seen above, hmophones 303, and destroyed the victim’s computer body, monitors, keyboards, and maris, which were located adjacent to the cremation unit, by hand, and was accompanied by the damage of the victim’s computer body, monitors, keyboards, and maris that were laid down by the cremation unit.

Accordingly, the defendant damaged the property equivalent to 900,000 won in total of the market price of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Written statement of the prosecution and the prosecutor’s seal;

1. Previous convictions in judgment: Application of criminal records, investigation reports (verification of the date of release of a suspect and attachment of a copy of judgment);

1. Article 60 (1) 2 of the Act on the Control of Narcotics, etc. and Article 4 (1) and subparagraph 3 (b) of Article 2 of the same Act on the Control of Narcotics, etc. and Article 366 of the Criminal Act on the crime;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Additional collection of the grounds for sentencing [the scope of recommending punishment] under the proviso to Article 67 of the Act on the Control of Narcotics, Etc., and imprisonment with prison labor for the same criminal offense (a period of one year to three years) in the area of aggravation (a period of one year to three years) of the Act on the Control of Narcotics, etc. (a period of suspension of execution within three years).

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