logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2013.10.30 2013고단1974
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.

equivalent to the above additional collection.

Reasons

Punishment of the crime

[Criminal Power] On August 17, 2012, the Defendant sentenced 10 months to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Changwon District Court on August 17, 2012, and completed the execution of the sentence in the Gwangju Prison on February 17, 2013.

【Criminal Facts】

Defendant is not a narcotics handler.

On July 9, 2013, around 19:30, the Defendant administered approximately 0.03g of psychotropic drugs, in a way of injection into his arms, using a single-use injection device, after melting approximately 0.03g of psychotropic drugs (i.e., one-time injection device) in his own dwelling in Jinju-si C.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Requests for appraisal;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (A), application of investigation reports (verification of the expiration of the term of punishment, and attachment of judgment);

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 proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (10,000 won for medication once x once);

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has a history of having been six times or more as a drug crime from 1999 to 2012. In particular, even if the defendant completed the sentence of ten months of imprisonment for the crime of scopon medication, such as the previous conviction in the judgment, it is inevitable to sentence a considerable period of imprisonment because the defendant committed the crime of this case during the period of repeated crime, resulting in a very low liability for the crime.

On the other hand, the punishment shall be determined in consideration of favorable circumstances, such as the fact that the defendant's mistake is against the depth while recognizing the intention of the suspension of narcotics.

It is so decided as per Disposition for the above reasons.

arrow