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(영문) 창원지방법원 2019.07.12 2019고단578

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.

The amount equivalent to the above additional charges.

Reasons

Punishment of the crime

[Criminal Power] The Defendant is a person who was released from Changwon Prison on August 13, 2018 by the cancellation of detention while being tried for detention due to a violation of the Act on the Control of Narcotics, Etc. (psychotropic Affairs) and was sentenced to imprisonment with prison labor for a year and four months at the Changwon District Court on February 19, 2019.

【Criminal Facts】

Despite the fact that the Defendant is not a narcotics handler, around March 3, 2019, the Defendant administered psychotropic drugs in a way of dilution 0.03g of Mesofts (one philophone) with a single-use injection device by dilution 0.03g of Mesolophones in the trade in the trade incompanionel located in the north-dong, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure and each list of seizure;

1. Written reply to a request for appraisal;

1. Medical opinions, certificates of medical records, certificates of copies of medical records, and photographs on the medication of suspect's left arms;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, judgment, case search, and application of Acts and subordinate statutes to the current status of confinement by individuals;

1. Article 60 (1) 2 and subparagraph 3 (b) of Article 2 of the Act on the elective Management of Narcotics, etc., concerning facts constituting an offense;

1. Article 35 of the Criminal Act among 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 of the provisional payment order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing criteria (decision of types): 01. Medication, simple possession, etc. (Type 3) of narcotics crimes;

Items c) and c.

Table [Special Aggravation] Aggravations: Aggravation of the same previous conviction (not less than a three-year suspension of execution) (the scope of the recommended sphere and the scope of the recommended punishment), one year to three years of imprisonment.

3. Circumstances favorable to the decision of sentence: The defendant recognized all of the crimes of this case and divided, and the defendant committed the crimes of this case only once more simple medication: the crime of this case is committed during the repeated crime period, and the sentencing conditions, such as the defendant's age, character and conduct, environment, circumstances after the crime, etc., are comprehensively considered.