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(영문) 대구지방법원 2019.10.17 2019고단3989
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 Records] On January 31, 2013, the Defendant was sentenced to five years in Seoul High Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence in Busan Prison on August 22, 2017.

[Criminal Facts] The Defendant is not a person handling narcotics.

On July 28, 2019, at around 20:00, the Defendant administered clopon in a way that clopon on a can, in a clopon, with approximately 0.05 glopon, a psychotropic drug clopon (one copon; hereinafter “copon”).

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Seizure records;

1. A narcotics appraisal statement;

1. Response to the request for appraisal;

1. Report on investigation (calculated as a suspect A additional collection charge);

1. Previous records: Application of Acts and subordinate statutes on criminal records, correspondence records and personal confinement status;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Even before the reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., the Defendant had been punished as a violation of the Act on the Control of Narcotics, etc., but in addition, the Defendant committed the instant crime within the period of repeated crime.

However, the fact that the defendant's age, character and conduct, family relationship, and circumstances before and after the crime are reflected in the simple medication that reflects his own character and behavior, etc. shall be determined as the sentence like the order in consideration of the circumstances that are the sentencing conditions specified in the records of this case.

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