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(영문) 대구지방법원 2015.09.17 2015고단3119

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.

Reasons

Punishment of the crime

On May 30, 2014, 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 May 30, 201, and completed the execution of the sentence on January 27, 2015, and is not a narcotics handler.

On July 4, 2015, at around 01:00, the Defendant injected psychotropic drugs, which are psychotropic drugs possessed as an insible route, in the dwelling of the Defendant, located in the Daegu Building C, Daegu Building 205, into a single-use injection instrument, and injected them into the Defendant’s arms.

Summary of Evidence

1. Defendant's legal statement;

1. D's self-written statements;

1. Test results;

1. Investigation report (verification of prices for cancer transactions for narcotics);

1. Previous convictions: Application of inquiry reports and investigation reports (verification of the date of release) and Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection 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. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommendation] medication, simple possession, etc. [the person under special jurisdiction] of the same category 3 (1 to 3 years) (1 to 3 years) of the aggravated area (1 to 3 years of sentence] [the decision of a suspended sentence] / The defendant committed the same criminal act in the same case within a short period after release / The defendant was punished for the same kind of crime. On the other hand, the defendant shows the intention of medical treatment while committing the crime in this case. On the other hand, the police officer dispatched by the report of his de facto marital spouse showed the intention of medical treatment and arrested him in response to the request for voluntary behavior, taking into account the defendant's age, character and behavior, intelligence and environment, motive or circumstance of the crime, means and result of the crime, the circumstances after the crime, etc.