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(영문) 대전지방법원 서산지원 2014.12.12 2014고단934
마약류관리에관한법률위반(향정)
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 October 6, 2011, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at Daejeon District Court on May 26, 201, and completed the execution of the sentence in the net prison on May 26, 2013.

【Criminal Facts】

The defendant is not a person handling narcotics.

1. On October 3, 2014, the Defendant possessed 0.05g of psychotropic drugs, which are psychotropic drugs sealed in a cigarette stuffed in a stuffed place, which is obtained by an irregular method in a warehouse in the Defendant’s residence located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do. (hereinafter “cloilphone”).

2. The Defendant administered philophones by inserting 0.05g of philophones on the date and time as described in paragraph (1) into the World Cup, dilution with water, and then drinking philophones by drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Results of simplified reagents and test seals;

1. Requests for appraisal;

1. Investigative report (calculated on collection charges for narcotics of a suspect), and the monthly trend of narcotics;

1. The location of the arrest, defense examination, and cellphone messages, photographs of seized articles, and photographs of the arrest site;

1. Previous records of judgment: Criminal references, investigation reports (Attachment of the current status of personal identification of a suspect), and attachment records, investigation reports (verification of criminal records of a suspect), and application of statutes to which judgment is to be attached;

1. Relevant Article of the Criminal Act and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) (the possession and medication of each penphone) of the Act on the Control of Narcotics, Etc. and the Selection of Imprisonment with prison labor for each crime;

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. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [10,000 won for additional collection = 10,000 won for a single-time medication price per phiphone] was sentenced to two years for imprisonment with prison labor for the same crime in the Daejeon District Court as stated in the above criminal records, and the defendant again committed the instant crime under the condition that one year has not passed since the completion of the execution of the sentence on May 26, 2013.

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