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(영문) 울산지방법원 2013.10.25 2013고단2712

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

The above additional collection shall be levied on the defendant.

Reasons

Punishment of the crime

On February 17, 2012, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Daegu District Court on February 17, 2012 and was not a person handling narcotics, who completed the execution of the sentence at the Daegu Detention Center on May 1, 2013.

At around 22:00 on July 27, 2013, the Defendant administered approximately 0.03g of psychotropic drugs, which were previously received from his name-unexplosionist, in a public toilet near D in Jung-gu Seoul, Jung-gu, Seoul, in a way of sending them to coffee.

Summary of Evidence

1. Defendant's legal statement;

1. Report on investigation (the result of preliminary experiment for narcotics);

1. Previous convictions indicated in judgment: References to criminal records, investigation reports (verification of repeated crimes) and personal identification records, and the application of statutes;

1. Article 60 (1) 2, Article 4 (1) 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. The proviso to Article 67 of the Narcotics Control Act;

1. The two punishments of Article 334(1) of the Criminal Procedure Act are imposed on the defendant who committed the same kind of crime before three months have passed since he/she was sentenced to the same crime even though he/she had a large number of identical criminal records, so the sentence of sentence is inevitable.

However, in determining the sentence, considering the fact that the defendant's crime of this case is a simple medication once, and the defendant's deep depth reflects the defendant's treatment, etc. to cut narcotics, the sentence was determined as per Disposition.