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(영문) 창원지방법원 밀양지원 2012.08.14 2012고단235

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[Criminal Power] The Defendant is a person who was sentenced to the suspension of the execution of ten months on January 19, 201 for a violation of the Narcotics Control Act in Changwon District Court, which became final and conclusive on October 27 of the same month and is still under the suspension of the execution, and is in the same kind of power once more.

【Criminal Facts】

Defendant is not a narcotics handler.

At around 11:00 on June 18, 2012, the Defendant received psychotropic drugs from D from D, and administered them to his left arms, when he administered them.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Examination of suspect suspect regarding D by the prosecution;

1. A written appraisal as a result of a urinal inspection;

1. A criminal investigation report (report accompanied by photographs);

1. An investigation report;

1. Before judgment: Application of Acts and subordinate statutes to criminal and investigation experience data inquiry, investigation reports (report attached to a judgment), investigation reports (related to confirmation reports on the date of confirmation);

1. Relevant Article of the Criminal Act and Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., for the elective Punishment of Crimes;

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

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. Aggravation of the sentencing guidelines: The scope of recommendation [decision of type] according to the sentencing guidelines, the range of punishment for narcotics crimes, medication, simple possession, etc. (b) of Type 3 (Special Aggravation: Domination of sentence): None of the factors to be mitigated (not less than a suspension of execution within three years): The relevant area of recommendation and the scope of recommendation] and the relevant area of aggravation of punishment for not less than one year, but not more

3. Where there are no factors to increase and reduce general punishment;

4. Determination of sentence: Imprisonment with prison labor for the crime of this case in 8 months requires strict punishment that the defendant administered phiphonephones again during the period of suspension of execution for the same crime.

However, even though the defendant recognizes his mistake and reflects his mistake, the defendant is the same kind of crime in January 201.