beta
(영문) 창원지방법원 2013.05.31 2013고단1086

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On May 18, 2012, the Defendant was sentenced to one year for violation of the Act on the Control of Narcotics, Etc. at the Changwon District Court on May 18, 201, and completed the execution of the sentence in a wooden prison on February 24, 2013.

The defendant is not a person handling narcotics.

1. On March 5, 2013, at around 19:00, the Defendant administered approximately 0.03g of psychotropic drugs in a single-use injection device using a single-use injection device, in his/her dwelling plan in Kimhae-si, Kim Jong-si, 105 dong 501.

2. On April 20, 2013, the Defendant administered approximately 0.03 ghonphones to his left arms by using a disposable injection device after melting 0.03gon in the same place as the preceding paragraph at around 19:00.

Summary of Evidence

1. Defendant's legal statement;

1. Response to the request for appraisal;

1. A report on investigation (a report on the result of preliminary tests for narcotics);

1. Report on investigation (the photograph of the seizure process, etc.);

1. Report on investigation (verification of additional collection charges);

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (verification of the date of release);

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 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. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. is ten days after the defendant was sentenced to imprisonment for the same crime and was released from the prison, and the defendant again committed the crime in this case by requesting an investigative agency to appraise the offender and waiting for the result of the appraisal is not sufficient to sentence imprisonment with prison labor for the defendant with prison labor.

The defendant's previous criminal records, the distance between the date of release and the date of the instant crime, the frequency of the instant crimes, the scope of recommendations in the sentencing guidelines [one year and three years of imprisonment, the simple possession, etc. of medication 01, the third category and the aggravated area (the same kind of imprisonment).