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(영문) 대전지방법원 서산지원 2018.06.14 2018고단412
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 history] On January 28, 2016, the Defendant was sentenced to eight months of imprisonment with labor for a violation of the Narcotics Control Act in the Seosan Branch of the Daejeon District Court on July 28, 2016, and completed the execution of the sentence in the Daejeon District Court’s branch of the Daejeon District Court on July 28, 2016. On December 21, 2017, the Defendant was sentenced to eight months of imprisonment with labor for a violation of the Narcotics Control Act (comfore) and completed the execution of the sentence in the Daejeon District Court’s branch of the Daejeon District Court on April 15, 2018.

[Criminal facts] The Defendant is not a narcotics handler

On April 15, 2018, the Defendant, at around 19:10, administered once in a manner of drinking approximately 0.03 g of the mert ambamin 0.03g of a quantity that can be administered once by middle school-friendly job offers F, and continuously dilution the volume of the mert amba amba 0.03g of a volume that can be administered once from middle school-friendly job offers F.

Summary of Evidence

1. Statement by the defendant in court;

1. Simplified test results and test reports of target A;

1. Report on the result of the preliminary test of narcotics;

1. A statement on narcotics appraisal;

1. 112 Reporting case handling table;

1. E CCTV photographs;

1. Previous convictions: Application of Acts and subordinate statutes, such as a reply to inquiries, such as criminal history, investigation reports (verification of facts during the period of repeated crimes against a suspect, and attachment of the previous judgment and written judgment), copy of written judgment

1. Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, Etc. under the relevant Act concerning criminal facts, and selection of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is serious in that the defendant has been sentenced to imprisonment again for the same crime, and the execution of the sentence has been terminated and again committed during the period of repeated crime.

However, the fact that the defendant recognized the mistake and speaks against the defendant, and that the case is revealed by the telephone in 119, and the defendant makes a statement to the investigation agency on the person who supplied the penphone to the defendant.

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