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(영문) 창원지방법원 마산지원 2020.05.19 2020고단209
절도등
Text

A defendant shall be punished by imprisonment for one year.

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

The amount equivalent to the above additional collection charge.

Reasons

Punishment of the crime

On July 7, 2015, the Defendant sentenced 2 years and 6 months to imprisonment for a violation of the Act on the Control of Narcotics, Etc. (fence) in the Changwon District Court Msan Branch, and completed the execution of the sentence in the Chungcheong detention center on November 16, 2017.

1. On January 30, 2020, the Defendant: (a) at the entrance of the underground parking lot in the building B in the Masan-si, Changwon-si; (b) was stolen by means of taking about about four meters of the pipe pipe pipe pipe pipe at the market price, which is the ownership of the victim’s name and unclaimed winner, installed therein.

2. Around 21:00 on February 21, 2020, the Defendant violated the Act on the Control of Narcotics, etc. (flavoring) put in a single-use injection machine after dilutioning 0.03 g of merpt c that was previously issued by the Defendant in Chang-si, Masan Member C, who was not a narcotics handler, into a single-use injection machine (hereinafter “one-use crophone”), and administered the same in such a way as to have his left arms attached to the beer.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Records of seizure and the list of seizure;

1. Investigation report (verification, etc. of criminal images), 14 copies of a photograph of crime;

1. A statement on narcotics appraisal (inception No. 1);

1. A certificate of narcotics appraisal (certificate 2 hair);

1. A criminal investigation report (verification of trace of injection);

1. Report on investigation (verification of additional collection charges);

1. A monthly trend sheet of narcotics, etc.;

1. Previous records of judgment: Investigation report (verification related to a suspect A repeated crime), three copies of judgment, etc., and application of criminal records-related Acts and subordinate statutes of the defendant;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) (including the administration of philopon) of Article 2 of the Narcotics Control Act, and the choice of imprisonment with prison labor;

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

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (aggravating concurrent crimes in a violation of the Act on the Control of Narcotics, etc. with heavy punishment);

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Legal provisions;

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