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(영문) 서울서부지방법원 2018.09.20 2018고단1513
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for one year.

A penalty of KRW 100,000 shall be collected from a defendant.

Reasons

Punishment of the crime

The Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Seoul Central District Court on November 10, 2016 and completed the execution of the said sentence at Daejeon Prison on April 3, 2018.

1. The Defendant is not a narcotics handler.

On April 23, 2018, the Defendant administered approximately 0.3 grams of Mesophal Cpopon (one philoopon) purchased by an influorous method in the dwelling of Eunpyeong-gu Seoul Metropolitan Government BB lending, and administered 0.3 grams of Mesophopon.

2. Around 09:00 on April 25, 2018, the Defendant damaged property: (a) opened a 2.2,00 won of the market price installed at the door door of Ba C owned by the victim D (n, 48 years of age) who is the owner of the building, without any special reason; (b) opened a string door of 2,200,000 won of the market price attached to the wall; and (c) opened a string door of 1,400,000 won of the market price on the wall; and (d) opened a 2.50,000 won of the market price on the same day on the ground that it cannot be known from the 10:30th floor of Ba B B lending on the same day on the ground that the victim E (n, 46 years of age) who was installed with the lock machine installed with the above 2,50,000 won of the market price on his/her hand; and (d) closed the hing.

Accordingly, the defendant damaged the victims' property.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, F, G, and H;

1. Statement made by the police for E;

1. Protocols of seizure of police officers on April 28, 2018;

1. A damaged part of a photograph;

1. Response to a request for appraisal;

1. Written estimate;

1. A letter of appraisal of narcotics;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries and the current expropriation status of individuals;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 366 of the Act on the Control of Narcotics, etc. under Article 60 (1) 1, and Article 4 (1) 3 (b) of the Act on the Management of Narcotics, etc. under the relevant Act on criminal facts, and Article 366 of the Criminal Act on the same

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

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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