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(영문) 대구지방법원 안동지원 2018.04.27 2017고단815

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

No person other than a narcotics handler shall possess, possess, use, transport, manage, import, export, prepare, prepare, administer, administer, trade, assist in trade of, possess, deliver, or deliver a psychotropic drug.

Despite the fact that the Defendant is not a narcotics handler, from February 19, 2016 to February 20, 19:00 on the same day, the Defendant added approximately 0.03g of marcule, a primary mental medicine, into a single-use injection machine, after dilution with F, marcing the meconcule in the meconium located in D’s trade in the vicinity of the Ecom, from February 19, 2016 to 20:00 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement of the police statement related to G;

1. Application of investigation report (suspect A's results of appraisal), and response to a request for appraisal;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

1. Grounds for sentencing in the proviso to Article 67 of the Act on the Control of Narcotics, Etc. subject to Additional Collection (report on the calculation of the amount of additional collection),

1. Three types (one year to three years) of the aggravated area (one year to three years) of the sentencing guidelines (the scope of the recommended punishment), medication, simple possession, etc. (the period of suspension of execution within three years) and the previous offense (the period of suspension of execution within three years);

2. Narcotics-related crimes that result in the degradation of individuals and society, which are highly harmful to their society;

In light of the fact that the Defendant committed the instant crime without being aware of it during the period of suspension of execution due to the same drug crime, a sentence is inevitable.

However, the defendant recognizes his mistake from the process of investigation to reflect, and the number of administered times is only one time.There is no particular history of punishment except narcotics crimes.

In addition, all the circumstances revealed in the trial process, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime.