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(영문) 창원지방법원 통영지원 2020.01.16 2019고단1287

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 or 2 shall be confiscated.

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

Reasons

Punishment of the crime

[Criminal Power] On July 12, 2018, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. at the Changwon District Court on July 12, 2018 and completed the execution of the sentence in the Gwangju Prison on July 20, 2019.

【Criminal Facts】

Any person, other than a person handling narcotics, shall not administer a psychotropic drug psychotropic drug cambane (hereinafter referred to as "copon").

At around 03:00 on October 25, 2019, the Defendant, who is not a narcotics handler, administered 0.03g of philopon in the Defendant’s residence located in Scopon B, by dilutioning it into water, using a disposable injection device for one-time use.

Summary of Evidence

1. Defendant's legal statement;

1. 112 reported case handling table;

1. Each photograph;

1. Report on the result of preliminary test for narcotics:

1. A gene appraisal report;

1. Police seizure records;

1. Each report on investigation;

1. Previous convictions in judgment: The application of criminal records and investigation reports (reports attached to the current status of confinement of suspects) and statutes;

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

1. Article 35 of the Criminal Act among repeated crimes;

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

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 punishment by law: One month to twenty years;

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. The criminal defendant who has many records of punishment for a crime related to narcotics for which the sentence is determined, shall be sentenced to imprisonment with prison labor in consideration of the fact that he/she repeats the crime during the period

In addition, the term of the punishment is above.