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(영문) 창원지방법원 통영지원 2014.10.14 2014고단766
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 charge against the defendant.

Reasons

Punishment of the crime

On August 19, 2013, the Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the above punishment on January 24, 2014.

Although the Defendant is not a person handling narcotics, around September 2, 2014, around 19:00, the Defendant administered the psychotropic drugs, which are psychotropic drugs that were received from the fluor, and kept by the fluor in custody, on a one-time basis, at approximately 0.03g of the fluorites (hereinafter “Fluoron”).

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Response to the request for appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (calculated amount of additional collection);

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. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. The proviso to Article 67 of the Narcotics Control Act;

1. According to the sentencing guidelines for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the defendant is recommended to be sentenced to 10 to 2 years of imprisonment (a recommendation to the basic area of "Type 3, such as medication and simple possession (a recommendation to see "self-denunciation" as special mitigation factors, and a suspended sentence of not more than 3 years for 'the period of suspension of execution' as special aggravation factors). The public interest needs to regulate narcotics, etc., and the defendant's crime of this case is a crime committed during the period of repeated offense, taking into account the defendant'

However, it shall be considered as the sentencing factors favorable to the defendant that the defendant voluntarily surrenders and reflects the depth of the defendant.

Other grounds for sentencing, such as the age, family relations, and criminal records of the accused, shall be determined in the same manner as the disposition.

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