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(영문) 창원지방법원 2019.09.25 2019고단1548

마약류관리에관한법률위반(향정)

Text

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

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On May 11, 2018, the Defendant, at the Changwon District Court, sentenced ten months to imprisonment for a violation of the Act on the Control of Narcotics, Etc. (fence) and completed the execution of the sentence in the Common Detention House on December 31, 2018.

【Criminal Facts】

Despite the fact that the Defendant is not a person handling narcotics, at around 20:0 on May 30, 2019, the Defendant injected approximately 0.03g of psychotropic drugs (i.e., one philopon) into the left part of the building Kimhae-si, and the Defendant’s residence inside the part of the Defendant in subparagraph C, and administered them by means of dilution of approximately 0.03g of psychotropic drugs into the left part of the body using a single-use injection device.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for the appraisal of narcotics (pines, hair, dA);

1. Photographs of emergency arrest and seizure process;

1. Seizure records;

1. Previous records of judgment: Application of criminal records, written judgments and details of confinement Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the elective Management of Narcotics, Etc. concerning Criminal Facts and the Selection of Punishment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. [Scope of Recommendation] / The area of aggravation of punishment (one year to three years of imprisonment) - The area of aggravation of punishment under the proviso of Article 67 of the Act on the Control of Narcotics, etc. - The special person who has been sentenced to punishment shall be determined as per the order by comprehensively taking into account the following circumstances: the Defendant’s age, character and conduct, family relation, frequency and amount of handling phiphones, circumstances after the crime of this case, etc.:

Unfavorable circumstances: Narcotics-related crimes are crimes that cause degradation to individuals, families, and society as a whole, and require strict countermeasures.

As a result of the defendant's maternity appraisal, the reaction of philophone training was confirmed in the section between 3 cm from the maternity and 3 cm.

Although the defendant had been punished three times by imprisonment with labor for the same crime, he/she has completed his/her prison labor in a total of five times, and he/she has not completed such prison labor.