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(영문) 대구지방법원 서부지원 2013.12.17 2013고단1414
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Criminal Power] On December 26, 2012, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc., at the Busan District Court’s Branch Branch, and completed the execution of the sentence on September 25, 2013.

【Criminal Facts】

1. The Defendant is not a person handling narcotics, etc.

On November 2, 2013, the Defendant dives approximately 0.03g of psychotropic drugs, at the 209 room in Daegu-gu, Seogu, Daegu-gu, 2013, divers, diverse 209.03g of psychotropic drugs (one philophone; hereinafter referred to as “philophone”).

Accordingly, the Defendant administered approximately 0.03 grams.

2. On November 2, 2013, at around 20:58, the Defendant entered the 1st floor door door of GGra, where the victim F, etc. in Daegu-gu E resides, and entered the rooftop, following the Defendant’s entry into the 20th floor door of GGra, where the victim F, etc. in Daegu-gu E was interested.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A report on investigation (in relation to the attachment of an official document and a reply note as a result of a urinal inspection);

1. Previous convictions: References to criminal records and investigation reports (the attachment of judgment on narcotics, etc. and confirmation of the date of release);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) (Article 2 subparagraph 3 (b) (Article 60) of the Act on the pertinent Article of the Act on the Prevention of Criminal Crimes and the Selection of Narcotics, Etc., and Article 319 (1) of the Criminal Act (Article 60 (1) 2, Article 4 (1),

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

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

1. It shall be decided as per Disposition on the grounds above the proviso of Article 67 of the Act on the Control of Narcotics;

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