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(영문) 창원지방법원 2013.11.12 2013고단2670
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

equivalent to the above additional collection.

Reasons

Punishment of the crime

On June 10, 2011, the Defendant was sentenced to imprisonment with prison labor for the violation of the Act on the Control of Narcotics, Etc. at the Changwon District Court on August 10, 201, and completed the execution of the above punishment on February 6, 2012.

Defendant is not a narcotics handler.

On September 6, 2013, the Defendant: (a) inserted approximately 0.05gg of psychotropic drugs in a single-use injection machine; (b) injected them into one-time injection machine; and (c) injected them into one-hand blood cell in a five-story room located in Kimhae-si, Kim Jong-si; and (d) injected them with water.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Written statement of the prosecution and the prosecutor’s seal;

1. Requests for appraisal;

1. Previous records of judgment: Application of criminal records, investigation reports (verification of the same type of judgment, the current status of personal identification, and period of repeated crime), court rulings and current status of personal identification records, etc.;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Protection of Narcotics, Etc., and Selection of Imprisonment with labor concerning facts constituting an offense;

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 the history of being punished three times for narcotics crimes since 2000, and in particular, even if the defendant completed the execution of imprisonment for eight months due to the crime of salphone medication, such as the previous conviction in the judgment, and the punishment for the crime of this case is very low during the period of the repeated crime, so it is inevitable to sentence a considerable period of punishment.

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

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