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(영문) 수원지방법원 2015.08.26 2015고단2519
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 or 2 shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Suwon District Court on June 26, 2014, and was sentenced to three times the same criminal records, including the completion of the execution of the sentence on March 13, 2015.

【Criminal Facts】

At around 21:10 on May 27, 2015, the Defendant possessed a disposable injection machine, which contains psychotropic drugs 0.64g, in a store located in Sinposi C, by inserting it in the Defendant’s bar, in a manner of keeping it in custody.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal (fore, 92 pages of investigation records);

1. Protocol of seizure (at least 53 pages of investigation records);

1. Five copies of a photograph of seized articles;

1. Criminal records: Application of criminal records, investigation reports (verification of the date of release from a suspect's office and accompanying documents, such as a copy of the written judgment), eight copies of the written judgment, and the current status of confinement of individuals;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the elective Management of Narcotics, Etc. concerning Criminal Facts and the Selection of Punishment;

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

1. The reason for sentencing under the main sentence of Article 67 of the Act on the Control of Narcotics, etc. and Article 48 (1) 1 of the Criminal Act [the scope of recommendation] medication, simple possession, etc. (one year and 3 years) [the special aggravation element] of the aggravated area (one year and 1 year (one year and 3 years) of the Act on the Control of Narcotics, etc. [the decision of sentence] of the same criminal offense (the decision of a suspended sentence not exceeding 3 years] of the same criminal offense (the decision of a suspended sentence not exceeding 3 years] has three times, the defendant again committed the crime in this case during the period of repeated crime, which is 2 months or more after the execution of imprisonment was completed due to the same crime, and

However, it is ordered within the range of recommended sentencing guidelines in consideration of the fact that the defendant recognized the crime and did not repeat the crime, the fact that it is a simple possession, the age, character and conduct of the defendant, the environment, etc.

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