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(영문) 대구지방법원 2019.07.11 2019고단2892

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On July 20, 2018, the Defendant was sentenced to 8 months of imprisonment for violation of the Act on the Control of Narcotics, Etc. in Daegu District Court on July 20, 2018 and completed the execution of the sentence in a permanent prison on January 26, 2019.

The defendant is not a person handling narcotics.

1. On May 31, 2019, the Defendant administered philophones by inserting approximately 0.05g of psychotropic drugs in a single-use injection machine, and dilution them into his own arms, at the Daegu-gu Birel C, Daegu-gu, 2019.

2. At around 22:30 on May 31, 2019, the Defendant administered approximately 0.05 g of phiphones in the place described in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Results of the appraisal of defense claims;

1. Previous records: Criminal records, investigation reports (verification of repeated records and attachment of related judgments), and application of Acts and subordinate statutes concerning personal confinement;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. According to the reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc., the sentencing conditions indicated in the records of the instant case, such as the age, character and conduct, family relation, family relation, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined as ordered by taking into account equally

A favorable circumstances: The criminal facts are recognized and the errors are divided. Reoffending is committed during the period of repeated offense, and the same record is possible.