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(영문) 창원지방법원 진주지원 2017.12.05 2017고단547
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for two years.

Defendant

10,000 won shall be additionally collected.

Reasons

Punishment of the crime

[criminal records] The Defendant, at the Changwon District Court on November 19, 2015, was sentenced to imprisonment for one year and ten months for a violation of the Narcotics Control Act at the Changwon District Court on November 19, 2015, and completed the execution of the sentence on December 26, 2016 and had five equal criminal records in total.

1. The Defendant is not a narcotics handler.

On July 15, 2017, around Jinju City around 21:00, the Defendant administered DNA 216, which is a local mental medicine, in a method of crypting to coffee 0.03g (one philopon) and crypon 0.03g, which is a local mental medicine.

2. On July 19, 2017, the Defendant who intrudes upon a residence came to go beyond the victim’s house window on the ground that the victim who was living together with the Defendant was no longer living together with the Defendant, around 09:20, in front of the victim F (n, 44 years old) of the victim F (n, e.g., e., e., the 44 years old).

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. Police seizure records;

1. Each investigation report (to be accompanied by photographs of the scene related to intrusions and photographs of the head of the crime of intrusion upon residence);

1. A report on investigation (or an appraisal report on urine narcotics);

1. Monthly trends in narcotics;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, each report on investigation (verification of the same type of force, and confirmation of accepted information) shall be made;

1. Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Control of Narcotics, etc. under the relevant Act on Criminal Facts, Article 319(1) of the Criminal Act, and selection of imprisonment for each of the following:

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. - Circumstances unfavorable to him/her: Same repeated crime (violation of the Act on the Control of Narcotics, Etc.) - Circumstances favorable to him/her: Confession, reflectivity, and intrusion upon residence;

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