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(영문) 대전지방법원 천안지원 2017.09.07 2017고단1491
마약류관리에관한법률위반(향정)
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[Attachment, Article 35 of the Criminal Act, and Article 37 of the Criminal Act, which constitutes a single concurrent offense] The Defendant was sentenced to imprisonment for six months from June 29, 201 to a violation of the Narcotics Control Act at the Gangnam Branch Branch of the Chuncheon District Court for the violation of the Act on the Control of Narcotics, Etc., and completed the sentence on March 6, 2013. On April 28, 2017, the Defendant was sentenced to imprisonment for one year and six months from the Daejeon District Court Branch of the Daejeon District Court to a violation of the Act on the Management of Narcotics, Etc. for Special Larceny (or a native).

5.9 The judgment became final and conclusive.

[2] The Defendant, who is not a person handling narcotics, was not a person handling narcotics, was prohibited from dealing with Mebacophophones (i.e., one philopon; hereinafter “philopon”), but is located in Young-gu, Suwon-si, around January 6, 2017. Around 16:00, the Defendant provided approximately 1g of a philopon to E after-school in the neighboring park by dividing it into two for a single philopon into two for a single philopon, and received a philopon.

Summary of Evidence

[Criminal facts]

1. Statement by the defendant in court;

1. Copy of the self-examination protocol (E);

1. Investigative report (verification of the contents of judgment E in the crime), and the judgment attached thereto (the records of final judgment constituting repeated crimes under Article 35 of the Criminal Act and concurrent crimes under Article 37 of the Criminal Act) and the judgment attached thereto;

1. Application of a reply to inquiry, such as criminal history, report on investigation (final and conclusive fact of judgment), one copy of judgment, and one copy of the current status of acceptance by each individual;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The latter part of Article 39(1) of the Criminal Act exempted from punishment (the crime of violation of the Act on the Control of Specific thief Narcotics, Etc. in the judgment of the court) is that the defendant jointly stolen another person's property, including a motor vehicle, and received and administered another person's property on three occasions.

The crime of this case is limited to the receipt of philophones once after the crime of the case for which judgment became final and conclusive.

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