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(영문) 부산지방법원 2012. 6. 29. 선고 2012고단3765 판결
[마약류관리에관한법률위반(향정)·공용물건손상][미간행]
Escopics

Defendant

Prosecutor

Instigious (prosecution) and a written statement of the court (public trial)

Defense Counsel

Attorney Yoon Jin-Jin (Korean)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Criminal facts

On January 20, 2009, the Defendant was sentenced to imprisonment with prison labor for murder and attempted murder at Busan District Court on February 19, 201, and completed the execution of the above punishment on February 19, 201, and is not a person handling narcotics.

1. On May 3, 2012, at around 22:00, the Defendant administered a clophone in a △△ District, which is a psychotropic drug, on the clogram, in a clogram in the Busan Slgram, the Defendant administered a clogram in a clogram in a way that clograms (one clophone; hereinafter referred to as “clophones”).

2. On May 6, 2012, around 23:30 on May 6, 2012, the Defendant: (a) walked the entrance door inside the detention room in the Busan High Police Station; and (b) damaged the entrance door of the vehicle, which is a public object, by attaching an amount equivalent to KRW 33,300,00, to the extent that the

Summary of Evidence

Facts No. 1

1. Partial statement of the defendant;

1. Correspondence to a request for appraisal (the defendant's defense-training, the defendant's hair-training);

Facts of Decision 2

1. Defendant's legal statement;

1. Copy of Nonindicted 3’s statement

1. Written estimate;

Criminal Records

1. Criminal records, reports on confirmation of the date of release, and investigation reports (Attachment to a written judgment);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 60(1)3, 4(1), and 2 subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 10786, Jun. 7, 2011; hereinafter the same shall apply), Article 141(1) (a) of the Criminal Act; hereinafter the same shall apply); Articles 60(1)3, 4(1), and 2 subparag. 4(b) of the former Act

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Additional collection:

The proviso of Article 67 of the former Narcotics Control Act

Judgment on the argument of the defendant and defense counsel

The defendant and defense counsel asserted that the defendant did not have any criminal intent to administer a philophone because the defendant has dyphophones while gathering the fact that others contain philophones.

In light of the fact that the Defendant, who is aware of the fact that there is a philophone, dys a coffee, would have dye a coffee upon the police’s request for a urine test, but the Defendant refused the police’s request for a urine extraction, and was engaged in actions to prevent the examination of the urine by intentionally dumping the urine, such as accepting the urine’s urine and intentionally dumping the urine, the Defendant is judged to have dye a coffee when recognizing the fact that the philophones were contained in the buphone, and thus, the above

Judges Yang Sung-nam

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