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(영문) 대구지방법원 2017.06.01 2017고단2372
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On July 23, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Daegu District Court on the grounds of a violation of the Act on the Control of Narcotics, etc., and the execution of the sentence was terminated on May 11, 2016, and is not a narcotics handler.

1. Around 17:00 on April 15, 2017, the Defendant administered phiphones in front of the DKa Center located in Daegu Northern-gu, Daegu-gu, by mixing approximately 0.03g of Mesofta (one philopon; hereinafter referred to as “philopon”) with the colon of approximately 0.03g of Melopon, a local mental medicine medicine.

2. On April 16, 2017, at around 07:30 on April 16, 2017, the Defendant violated the residence of the residents of the 201-dong 3-5 Gu, 201-dong 201, 3-5, by entering the apartment through the first floor window in front of the 201-dong 201, 3-5, an apartment building, and going to the rooftop through emergency stairs due to the influence of phiphonephones.

3. On April 16, 2017, the Defendant damaged the utility of the repacul which is jointly owned by the residents of the above apartment, by separating the repaculation machine (40cm x 30cm) installed on the rooftop 201, Daegu Northern-gu apartment building 201, Daegu Northern-gu, Seoul, by hand, into the repaculing it from the repaculing hole.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. Police seizure records;

1. A copy of 112 report on the reported situation, and a response to the request for appraisal;

1. A report on internal investigation (such as intrusion entrance entrance and exit exit photographs, etc.), each investigation report (as to repair expenses, etc. of a ventilation hole, repair expenses, etc.) (as to the crime of damage to property, a special media record, such as another person’s property, documents, or electronic records, is established in a case where such a special media record has been destroyed, concealed, or otherwise impaired its utility (Article 366 of the Criminal Act). Here, in a case where damage or concealment is inflicted upon the utility of property, documents, or electronic records, etc., the crime of damage to property

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