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(영문) 창원지방법원 2015.10.21 2015고단1583

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 February 20, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Changwon District Court on February 20, 2013, and on February 12, 2014, on April 23, 2014, the Defendant completed the execution of the sentence in the Southern Prison on June 23, 2014.

1. Even if the Defendant is not a person handling narcotics, at around 21:00 on June 12, 2015, the Defendant injected approximately 0.03 g of psychotropic drugs in the Defendant’s house, 702 Dong 305, and 305, by inserting approximately 0.03 g of psychotropic drugs in a single-use injection machine, and administering them in a way of injecting them.

2. Even if the Defendant is not a person handling narcotics, around 12:00 on June 15, 2015, the Defendant kept approximately 0.01g of philopon in a plastic wing box, and carried them in a swimming clothes bank.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Each written appraisal;

1. Previous convictions indicated in the judgment: Application of criminal history records, inquiry reports (A) and Acts and subordinate statutes;

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

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

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

1. Reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc.;

1. The scope of recommended sentences according to sentencing standards;

(a) Crimes 1 (Offense of Violation of the Act on the Control of Narcotics, etc. by Medication) / [Scope of Recommendation ] Medication, simple possession, etc., of Type 3 (National Nab. (b) and (c) of the Act on the Control of Narcotics, etc.) / 3 of the aggravated area (one year to 3 years) / previous crimes of the same kind (not less

(b) Second-class crime (the crime of violation of the Act on the Control of Narcotics, etc. (or the punishment of recommendation), medication, simple possession, etc. (the punishment of violation of the Act on the Control of Narcotics, etc. due to possession), the aggravated area (1 to 3 years), of the same criminal record (the punishment of violation of the Act on the Control of Narcotics, etc.).

C. The scope of final sentence due to the aggravation of multiple offenses: one year to four years.