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(영문) 대구지방법원 서부지원 2019.05.08 2018고단2970
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On November 3, 2016, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Daegu District Court on November 3, 2016, and the judgment became final and conclusive on September 2, 2017.

【Criminal Facts】

The Defendant, who is not a person handling narcotics, shall not trade, assist in the trade of, give or receive, possess, possess, use, manage, prepare, administer, administer, or provide psychotropic drugs.

Nevertheless, on June 2016, the Defendant was found to have 0.2g Handphone 0.2g from Daegu Suwon-gu building C and D.

Summary of Evidence

1. Legal statement of witness D;

1. Statement of the accused in each protocol of examination of the accused by the prosecution (the first, second, third, and fourth, except for the fourth examination) ;

1. A copy of the first protocol of suspect examination of D by the prosecution; and

1. Previous records: Application of criminal records, investigation reports (Attachment of relevant judgments against A by a suspect), and past records and confirmations (Attachment of judgment, etc.) Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Protection of Narcotics, Etc., and Selection of Fines for Criminal Facts;

1. On July 20, 2018, the Defendant was sentenced to imprisonment with prison labor and six months for a special injury committed at the Daegu District Court from October 22, 2017 to December 11, 2017, and for a violation of the Act on the Control of Narcotics, Etc., and the judgment became final and conclusive on July 28, 2018.

However, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. in the Daegu District Court on November 3, 2016, as stated in the previous judgment (criminal records) and the judgment became final and conclusive on September 2, 2017, and the instant crime of violation of the Act on the Control of Narcotics, etc. was committed before September 2, 2017, which became final and conclusive. As such, the foregoing special injury crime committed after September 2, 2017, and the offense of violation of the Act on the Control of Narcotics, etc. (fence) are simultaneously committed.

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