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(영문) 대구지방법원 2016.05.26 2016고단1302
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for one year.

A penalty of KRW 100,000 shall be collected from a defendant.

The provisional payment of the amount equivalent to the above additional charges shall be made.

Reasons

Punishment of the crime

[Criminal Records, etc.] On October 19, 2012, the Defendant was sentenced to imprisonment for a violation of the Act on the Control of Narcotics, etc. at the Daegu District Court on August 19, 201 and two times as a suspended sentence of eight months, and was not a narcotics handler.

[Criminal facts]

1. Around the night of March 25, 2016, the Defendant violated the Narcotics Control Act (fluence) administered approximately 0.03g of mert clopon, which is a medicine for psychotropic spirit, at the home of the Defendant’s mother located in Daegu-gu Dong-gu, Daegu-gu, and at the same time, in a coffee.

2. On March 27, 2016, the Defendant damaged property: (a) on the street in front of the E-F in the vicinity of the land bridge in Daegu-gu Dong-gu, Daegu-gu; (b) the victim G tried to open the door of the car parked by the victim G while on the philopon, but not opened; (c) the rear part of the above vehicle’s right side is walking one time due to the power failure, and the said vehicle was damaged to be repaired in a non-repair.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A report on investigation (a photograph of the process of confirming the results of simple test of narcotics by a suspect), a report on investigation (a addition to the damaged part of a vehicle and photographs), and a report on investigation (a notification of training of the results of preliminary test of narcotics

1. Visits to a request for appraisal, and the application of statutes on narcotics appraisal;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 and Article 366 of the Criminal Act concerning facts constituting an offense;

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 proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act - No. 334(1) of the Criminal Procedure Act - No. 3 of the basic area (10 to 2 years) (10 months to 3 years) of the Criminal Procedure Act (the scope of recommendation) (including the scope of recommendation), such as medication, simple possession, etc.

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