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(영문) 대구지방법원 의성지원 2019.11.28 2019고단302
마약류관리에관한법률위반(향정)
Text

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

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

Reasons

Punishment of the crime

On December 14, 2018, the Defendant was sentenced to imprisonment with prison labor for night buildings, intrusion of buildings, larceny, etc. at the Suwon District Court’s Eunpyeong site, and the said judgment became final and conclusive on February 21, 2019.

Defendant is not a narcotics handler.

Nevertheless, from April 16, 2017 to April 20, 2017, the Defendant administered psychotropic drugs in such a way that it is impossible to identify the amount of psychotropic drugs, such as the Mebacopon (hereinafter referred to as “mancopon”).

Summary of Evidence

1. Partial statement of the defendant;

1. A copy of a probation card, a narcotics appraisal statement, a criminal investigation report (verification, etc. of the details, etc. of prosecutorial investigations against a suspect), a criminal investigation report ( telephone conversations between an appraiser of the National Institute of Scientific Investigation and Investigation), and a monthly

1. Previous records of judgment: The results of inquiry and the application of statutes governing judgment;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection of Narcotics, etc., and Selection of Imprisonment with prison labor concerning facts constituting an offense;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The provision of the Act on the Control of Narcotics, etc., which states the time, date, place, and method of a crime, must be specified (Article 254(4) of the Act on the Control of Narcotics, Etc.). The purport of the Act requiring the specification of the facts charged is to facilitate the exercise of the defendant’s right to defense. As such, it is sufficient that the facts constituting the facts charged are stated to the extent that it is recognizable from other facts by comprehensively taking into account these elements, and even if the date, place, method, etc. of a crime are not specified in the indictment, it does not go against the purport of the Act that allows the specification of the facts charged, in light of the nature of the facts charged, and if it is inevitable to indicate the facts charged and it does not interfere with the defendant’s exercise of his right

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