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(영문) 대구지방법원 서부지원 2014.02.11 2013고단984
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

[Criminal Power] The Defendant, at the Daegu District Court on November 11, 2010, sentenced 1 year and six months to imprisonment for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence on December 22, 201, and was not a person handling narcotics.

【Criminal Facts】

On December 16, 2012, at the defendant's house located in Seo-gu, Daegu, Seo-gu, Seo-gu, Doz., the defendant dump dump of psychotropic drugs (one philopon; hereinafter referred to as "philopon") so that the defendant dump of psychotropic drugs can drink in drinking water.

Accordingly, the Defendant administered philophones.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The police seizure record and the list of seizure;

1. A copy of a letter of request for appraisal of a urinal testing and reply thereto;

1. Investigation report (a copy of the interrogation protocol concerned);

1. Previous convictions in judgment: Criminal records, investigation reports (the date of release of a suspect A and judgment), previous records and results confirmation reports, and application of Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the elective Management of Narcotics, Etc. concerning Criminal Facts and the Selection of Punishment;

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

1. In light of the fact that the defendant for sentencing under the proviso to Article 67 of the Act on the Management of Narcotics, Etc. has a record of having been punished several times for the same crime, and that he/she again commits the crime of this case during the period of repeated crime due to the same crime, a sentence of sentence against the defendant

However, in full view of the various circumstances, such as the fact that a simple medication takes place at one time, the fact that an investigative agency cooperates in arresting a drug offender, and the age, character and conduct of the defendant, and the motive and circumstances of the crime in this case, the sentence of the same punishment as the order shall be imposed.

It is so decided as per Disposition for the above reasons.

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