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(영문) 창원지방법원 통영지원 2015.05.13 2015고단82

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

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

Reasons

Criminal facts

On September 26, 2013, the Defendant was sentenced to a suspended sentence of 10 months for a violation of the Act on the Control of Narcotics, Etc. in the Changwon District Court’s Smuggling support on September 26, 2013, and the sentence becomes final and conclusive on October 5, 2013 and is currently under suspended sentence.

Although the Defendant is not a narcotics handler, on January 23, 2015, around 22:30, the Defendant injected approximately 0.03g of psychotropic drugs into water and administered them by means of injecting them into the left arms.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. A criminal investigation report (the market price of photographing photographs, reagents photographs, CCTV images, and phiphonephonephones, etc.);

1. An explanatory note (written request for an appraisal, I, II);

1. Previous convictions in judgment: Reference to criminal records, application of investigation reports (Attachment to the same type of crime)-related statutes;

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Grounds for sentencing in the proviso to Article 67 of the Act on the Control of Narcotics Additional Collection;

1. Sentencing criteria [Determination of types] medication, simple possession, etc.: Type 3 (one year to three years) (the period of suspension of execution within three years) (the period of suspension of execution within the period of three years) of the same criminal records (the period of suspension of execution within the period of three years): Imprisonment with prison labor for one year to three years;

2. Determination of sentence - Determination of favorable circumstances: The defendant's hospitalization in the National Rice Hospital to cease the narcotics, the fact that he/she received treatment by being hospitalized in the National Rice Hospital, the fact that he/she is merely administering a single dose, and the fact that he/she is going against his/her depth during his

- Unfavorable circumstances: The defendant was under a relatively recent suspension of the execution of imprisonment for the same kind of crime; the defendant was subject to a fine by repeating the crime thereafter; however, the crime of this case in this case was committed again during the suspension of the execution due to its long time, and the crime is not easy.

- The details and result of the instant crime;