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(영문) 창원지방법원 마산지원 2017.09.13 2017고단729

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

Punishment of the crime

On June 12, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on January 12, 2015 and completed the execution of the sentence at the Daegu Prison on September 14, 2016.

Although the Defendant is not a narcotics handler, on July 10, 2017, around Jinju-si, the Defendant administered drugs in a manner of dilution 0.03g of approximately 0.03g of water, which is a local mental medicine medicine, into the right arms, within the DNA car parked in the DNA apartment parking lot at Jinju-si, and in a way of injection into the right arms using a disposable injection device.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Each report on investigation;

1. Previous convictions indicated in the judgment: Application of a reply to inquiry about criminal investigation experience, and application of Acts and subordinate statutes on investigation reports (refici

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

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

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

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

1. Three types of recommendations (the scope of recommendations), medication, simple possession, etc. according to the sentencing guidelines (one year to three years), the aggravated area (one year to three years) (the special aggravated area) of the same type of punishment (the suspended execution for not more than three years).

2. Although the defendant who has been sentenced to criminal punishment for a majority of the same crimes, including the records of the crimes indicated in the judgment, he/she committed the crime of this case at the same time during the period of repeated crimes, even though he/she has been subject to criminal punishment for a majority of the same crimes: Provided, That the defendant all of the crimes of this case is led to the confession and reflect of all of the crimes of this case, and the punishment shall be determined as ordered in consideration of