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(영문) 대구지방법원 서부지원 2016.07.21 2016고단1196
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

30,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

【The Defendant was sentenced to ten months of imprisonment for a violation of the Narcotics Control Act at the Daegu District Court on May 1, 2015, and completed the execution of the sentence at the Daegu Prison on November 18, 2015.

【Criminal facts】 On June 6, 2016, the Defendant administered the Memptop c Apartment C Apartment at the Defendant’s residence of Daegu-gu 301 Dong 610, 2016, by dilutioning the Memtop flus, which is a local mental medicine, with dilution into Memnas, even if the Defendant is not a narcotics handler.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement on narcotics appraisal;

1. A protocol of seizure and a list of seizure;

1. Previous conviction: Application of inquiry, inquiry, investigation report (the date of release of the suspect and confirmation of entry and departure records) Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 and Article 2 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment with prison labor;

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

1. In light of the fact that the Defendant was sentenced nine times to the punishment for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., when considering the fact that the Defendant committed the instant crime during the period of repeated crime, it is inevitable to sentence the Defendant to the punishment.

Accordingly, the sentencing conditions, such as the defendant's age, sex, environment, motive and circumstance of the crime, relationship with the victim, circumstance after the crime, etc., shall be comprehensively taken into account the fact that the defendant led to the confession of the crime, the attitude of reflecting the depth of the defendant's health, the defendant's age, sex, environment, motive and circumstance of the crime

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