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(영문) 창원지방법원 2012.12.21 2012고단2582
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On May 13, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Changwon District Court on May 13, 201, and completed the execution of the sentence on May 10, 2012.

On August 5, 2012, the Defendant, even if not a person handling narcotics, put about 0.03g of the Metepter (one philopon) into a single-use injection machine, and injected the Metepter (one philopon) into the left arms, around 20:0.20.

Summary of Evidence

1. Defendant's legal statement;

1. Ratifications;

1. An investigation report (calculated additional charges);

1. Previous convictions in judgment: the application of Acts and subordinate statutes concerning criminal records and investigation reports (No. 8);

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

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

1. The sentencing reasons in the proviso to Article 67 of the Act on the Control of Narcotics, etc. shall be sentenced in consideration of the fact that the defendant repeats the same crime during the period of repeated offense;

The punishment as ordered shall be determined by taking into consideration the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the fact that the defendant has committed a crime and has been repented, efforts have been made for a short term, the submitted application for coal, the family relationship of the defendant, support relationship, etc.

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