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(영문) 대구지방법원 2016.10.27 2016고단4242

마약류관리에관한법률위반(향정)

Text

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

Seized evidence No. 1 shall be confiscated.

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

Reasons

Punishment of the crime

[Criminal Power, etc.] The Defendant, at the Daegu District Court on July 24, 2015, sentenced ten months to imprisonment for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence on January 21, 2016, and was not a person handling narcotics.

【Criminal Facts】

On September 20, 2016, the Defendant administered DNA in Daegu-gu, Daegu-gu, in a way that the Defendant injecteds approximately 0.03g of psychotropic drugs to the Defendant’s arms with a single-use injection machine containing dilution of approximately 0.03g of psychotropic drugs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of seizure of each police;

1. Each request for appraisal;

1. A report on investigation (calculated additional charges);

1. Previous convictions in judgment: Application of criminal records and investigation reports (verification of the date of release, etc.);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection of Narcotics, etc., and Selection of Imprisonment with prison labor concerning facts constituting an offense;

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [Scope of Recommendation] Medication, simple possession, etc.: Type 3 (National b. (b) and item (c)) basic area (10 to 2 years), self-denunciation (a person who is specially mitigated) / A sentence of imprisonment with prison labor for the same kind (not less than three years): The defendant has the same criminal records and committed the instant crime again during the same kind of repeated crime period.

A favorable circumstances: The defendant had been administered once, and voluntarily surrendered.

Narcotics are being cut.

In addition, the sentencing conditions shown in the trial process of this case, such as the defendant's age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, shall be determined as ordered.