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(영문) 대구지방법원 포항지원 2014.02.06 2013고단994
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On November 21, 2012, the Defendant was sentenced to imprisonment with prison labor for 8 months and 2 years of suspended execution for a violation of the Act on the Control of Narcotics, Etc. in the Daegu District Court Port Support on November 21, 2012. The judgment became final and conclusive on November 29, 2012.

1. Around October 6, 2013, the Defendant was not a person handling narcotics, but administered 0.03g of psychotropic drugs by melting them in coffee at the office of 302 of the Nam-gu “Dmophone” located in Nam-gu, Nam-gu, Seoul, on October 6, 2013, the Defendant administered 0.03g of psychotropic drugs in a coffee.

2. On October 6, 2013, the Defendant: (a) destroyed a property damage at the nearest area of the “multi-packerel” located in the Nam-gu Mang-dong, Nam-gu, Chungcheongnam-gu; (b) in a state of crypology by administering the crypoid as above paragraph (a); (c) in a state of cryping; (d) in a state of cryp, approximately KRW 6,000 of the market price owned by the victim E; and (e) destroyed a chemical damage of KRW 10,00,000 at the market price owned by the same victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. E statements;

1. An investigation report (related to failure to attach a written estimate for damage), a criminal investigation report (related to the details of compulsory collection of a suspected person's lawsuit and the results of simple trial on the base of the lawsuit), and a criminal investigation report (related to the calculation of

1. A letter of request for appraisal - The National Institute of Scientific Investigation and Investigation, and a letter of prosecution (written report on the appraisal of narcotics, etc. against the hair of a suspect);

1. Previous records of judgment: The application of Acts and subordinate statutes reporting criminal records and copies of written judgments;

1. Articles 60 (1) 2, 4 (1), and 2 subparag. 3 (b) (the point of a phiphone medication) of the Act on the Control of Narcotics, etc., Article 366 of the Criminal Act and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;

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