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(영문) 의정부지방법원 2012.12.13 2012고단2958

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than three months.

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

Reasons

Punishment of the crime

The Defendant, at the Seoul Central District Court on August 25, 201, sentenced one year and two months to imprisonment for a violation of the Act on the Control of Narcotics, Etc., and completed the enforcement of the sentence on February 22, 2012, is not a person who handles narcotics, etc.

At around 16:00 on the first day of August 2012, the Defendant injected approximately 0.05g of psychotropic drugs on a single-use injection machine in the Gangnam-gu Seoul Metropolitan Government Steeringel room, and injected them into the left part of blood transfusion by melting them into water.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Examination protocol of police suspect regarding D;

1. Report on the market price of the Mesphere;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, amounts of dispositions and results confirmation reports;

1. Article 60 (1) 2 and Article 4 (1) 1 of the Act on the Selection and Management of Narcotics, Etc., and Selection of Imprisonment with prison labor for a crime;

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

1. Determination of the types of punishment under the proviso of Article 67 of the Act on the Management of Narcotics, Etc. (the determination of the types of punishment), among narcotics crimes, Type 3 (f) of medication, simple possession, etc. (a) [a special person] and the same repeated crime (aggravated element), [a decision of the recommended area] and there is no aggravation [a general person] [a decision of a sentence (a year to 3 years] and a general person] [a decision of a sentence] 3 months (a sentence of imprisonment with prison labor for 1 year and 2 months in this court as a crime of the same kind and a decision of an appellate court was rendered at the same time. This case also sets the lower sentence under the lower sentence of the recommended sentence, taking into account equity