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(영문) 대구지방법원 2015.11.20 2015고단4701

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

On February 5, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. in Daegu District Court on February 5, 2013, and completed the execution of the sentence on June 10, 2014.

Defendant is not a narcotics handler.

On October 17, 2014, at around 19:00, the Defendant injected approximately 0.03g of psychotropic drugs, in a single-use injection machine, and then injected them into the Defendant’s arms. < Amended by Presidential Decree No. 24274, Oct. 17, 2014>

Summary of Evidence

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. An appraisal report and an investigation report (as for the cases of laying on the upper line), each entry;

1. Previous convictions indicated in judgment: Application of the Acts and subordinate statutes described in the inquiry report (A) and investigation report (power of repeated crime, etc. of a suspect);

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. [the scope of punishment by law] 1 month or 20 years of imprisonment [the scope of punishment by recommendation] 3 years of imprisonment (one year or 3 years of imprisonment], the area of aggravation (one year or 3 years of imprisonment) and the area of aggravation (one year or 3 years of imprisonment), 4 years of imprisonment (the period of suspension of execution within 3 years), 4 years of imprisonment] [the decision of sentence] of the same criminal conviction (the decision of sentence by a person under special relationship] of the defendant has been punished for the same kind of crime several times and the crime of this case

However, in light of the sentencing conditions favorable to the defendant, such as the fact that the crime of the defendant was committed one time medication, the fact that the defendant seems not to distribute the phiphones to others, the fact that the defendant informed the person who provided the phiphones to the defendant, and the fact that the defendant expresses his intention, the punishment shall be determined as ordered in consideration of all the sentencing conditions favorable to the defendant, such as the age, character and conduct of the defendant,