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(영문) 대구지방법원 2016.03.17 2016고단392
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On February 16, 2012, the Defendant was sentenced to two years of imprisonment for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Daegu District Court on February 16, 2012, and completed the execution of the sentence on February 16, 2013.

A person other than a narcotics handler shall not administer or trade a psychotropic mental medicine, and the defendant is not a person handling narcotics.

1. On March 22, 2015, the Defendant purchased c.50,000 won in cash to E in the vicinity of D in the Gandong-gun, Gandong-gun, and purchased c.m. c. c., a local mental medicine, which was contained in vinyl from the Defendant.

2. Medication of phiphones.

A. On March 22, 2015, the Defendant, who committed the crime of March 22, 2015, administered the stophones purchased from the mutual stoves located in Daegu hydro-gu, as described in paragraph 1, to the coffee by hanging the stoves among the phiphones purchased from the mutual stoves located in Daegu hydro-gu, as described in paragraph 1.

B. On January 11, 2016, the Defendant, who committed the crime of January 11, 2016, administered the spopon’s spopon’s spopon to the coffee from the mutual inspopon f in Daegu Suwon-gu around the aftermath of January, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Response to a request for appraisal;

1. Each written appraisal;

1. A report on investigation (the date, time, and place of the offense);

1. A detailed statement of currency;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (reficiant confirmation);

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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. A crime falling under Article 67 of the Act on the Control of Narcotics, Etc. (amended by Presidential Decree No. 2010, Feb. 2, 1999) that has no basic area (from October to two years) (the special sentencing person) of the category 3 (the scope of recommendation), including medication, simple possession, etc. for the reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.

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