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(영문) 인천지방법원 2013.08.21 2013고단4184

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

On November 10, 2011, the Defendant was sentenced to ten months of imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on November 10, 201, and completed the execution of the sentence at the Seoul Detention Center on July 7, 2012, and is not a person handling narcotics.

On July 6, 2013, at the D office operated by the Defendant located in Mapo-gu Seoul Metropolitan Government, the Defendant administered approximately 0.05 g of psychotropic drugs, using a single-use injection device, to injection them into the blood transfusion.

Summary of Evidence

1. Defendant's legal statement;

1. Responses to requests for appraisal, replys, and requests for appraisal;

1. Investigation report (report on the market price of phiphonephones);

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, investigation reports (Attachment of a previous conviction and attachment of a judgment), personal identification and confinement status;

1. Article 60 (1) 2, Article 4 (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 reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the national average price for medication once) are favorable to the defendant who has led to the instant crime and committed a mistake in his name.

However, the sentence is inevitable in that the defendant commits the crime of this case again during the period of repeated crime, even though he/she was sentenced to imprisonment or suspension of execution for four times for the same crime.

The punishment shall be determined in consideration of all the sentencing conditions, including the circumstances mentioned above, the age and environment of the defendant, etc.

It is so decided as per Disposition for the above reasons.