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(영문) 창원지방법원 2017.11.23 2017고단3464

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.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

On August 13, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Changwon District Court on the grounds of a violation of the Act on the Control of Narcotics, etc., and on November 22, 2016, and is not a narcotics handler.

On October 11, 2017, the Defendant, at the second floor office in Kimhae-si F, put about approximately 0.03g of Mesophical drugs in a disposable injection machine, and dilution them with water, and administered them by means of injection into his own arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Correspondence to a request for appraisal;

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

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history, sentence and personal confinement status;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Three types (one year to three years) of the aggravated area (one year to three years) of the sentencing guidelines (the scope of the recommended punishment), medication, simple possession, etc. (the period of suspension of execution within three years) and the previous offense (the period of suspension of execution within three years);

2. The Defendant’s age, sexual conduct, environment, background leading up to the instant crime, means and result, circumstances after the instant crime, sentencing guidelines, and other various sentencing conditions specified in the pleadings of the instant case shall be taken into account, in particular, the following circumstances: The favorable circumstances: (a) the Defendant led to the instant crime; (b) the Defendant was committing a drug-related crime; (c) the Defendant was committing a drug-related crime; (d) the Defendant had the record of being punished for a drug-related crime; and (e) the recidivism during the period of the same same repeated crime; and (e) the crime of narcotics requires severe punishment for a crime with high social harm and risk of