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(영문) 창원지방법원 2015.05.19 2015고단709

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

On July 22, 2011, the Defendant was sentenced to one year of imprisonment and three years of suspended execution for committing a violation of the Act on the Control of Narcotics, Etc. at the Changwon District Court on July 22, 201, and on December 17, 2013, the sentence of suspended execution became effective upon being sentenced to six months of imprisonment for the same crime in the Jinwon District Court's Jinju Branch on February 26, 2014, and the said judgment became final and conclusive on February 26, 2014. On March 5, 2015, the execution of each of the said punishment was completed in the Seoul Southern Prison

The defendant is not a person handling narcotics.

On March 21, 2015, the Defendant administered approximately 0.03 g of psychotropic drugs in a single-use injection machine and then in a left arms, the Defendant injected them into the DNA conference room located in the Haan-gun, Hannam-gun, Hannam-gun, Hannam-gun, by inserting approximately 0.03g of psychotropic drugs into a single-use injection machine and administering them into the left arms.

Summary of Evidence

1. Defendant's legal statement;

1. A written request for appraisal, a written report and an appraisal;

1. Investigation report (market price and calculation of additional collection charges);

1. Application of Acts and subordinate statutes concerning criminal records and current status of confinement of individuals;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts;

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. [the punishment above shall be imposed in consideration of the following favorable circumstances: (a) the period of imprisonment for the same criminal offense (the period of a repeated crime is a crime committed during the period of a repeated crime; (b) and (c) the period of a single simple medication is one time, and (c) the period of a single simple medication is less than one year and the period of a suspension of execution is less than three years); (b) the period of a single criminal punishment is less than one year; (c) the period of a single criminal punishment is less than one year; and (d) the period of a single criminal punishment is less than one year; and