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(영문) 대구지방법원 2016.05.12 2016고단174
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 history] On June 26, 2014, the Defendant was sentenced to one year of imprisonment with labor for a violation of the Narcotics Control Act at the Daegu District Court, and completed the execution of the sentence at the Gwangju Prison on April 11, 2015.

[Criminal facts]

1. The Defendant is not a narcotics handler.

On December 31, 2015, the Defendant administered philophones by mixing approximately 0.03g of Melopon on the Melopon’s Melopon’s Melopon’s Melopon’s Melopon’s Melopon in Daegu-gu, Daegu-gu, 305.

2. On January 1, 2016, the Defendant who damaged public goods was arrested and detained for the same suspicion as Paragraph 1 in the Daegu Suwon Police Station’s cell located in 2460, as Daegu Suwon-gu, Daegu, Simgu, Daegu, 2016, and was detained.

C. The disturbance, such as franchise, franchise, and franchise, franchise the pipe of the water pipe equivalent to 150,000 won at the market price attached under the three sides located in the above detention room, was removed by hand.

Accordingly, the Defendant damaged the pipe of the screen water pipe, which is the goods used by public offices.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Written statements of D;

1. Results of simplified test of reagents;

1. A response to inquiries with the State and an appraisal report on narcotics and an appraisal report;

1. Pipe photographs of each detention room;

1. A report on investigation (calculated additional collection charges);

1. Previous convictions in judgment: Inquiry about criminal history, application of each judgment, and application of statutes on personal confinement;

1. Imprisonment with prison labor for a crime under Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 141 (1) of the Criminal Act (a point of damage to goods for public use) and each choice of imprisonment with prison labor;

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

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. Grounds for sentencing under the proviso of Article 67 of the Narcotics Control Act;

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