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(영문) 서울중앙지방법원 2015.01.29 2015고단109
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 October 30, 2013, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Control of Narcotics, etc. at Seoul Southern District Court (hereinafter “Seoul Southern District Court”) and completed the execution of the sentence on August 23, 2014.

Around 03:00 on December 24, 2014, the Defendant administered approximately 0.03 grams of psychotropic drugs, which are psychotropic drugs in a single-use injection machine, to the Defendant’s arms, after being melting about 0.03g of psychotropic drugs, at the heading room of the Motel, where the trade name in the Gangseo-gu Seoul Metropolitan Government Seodong is unknown.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A report on investigation (attaching a written judgment);

1. Each photograph;

1. Investigation report (verification of the date of release of a suspect);

1. Investigation into criminal and investigation records materials;

1. A written appraisal;

1. Application of Acts and subordinate statutes to a report on investigation;

1. The choice of imprisonment or imprisonment under Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. of Specific Crimes;

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

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. [Scope of Recommendation] : (a) 10-2 years from 10-2 (the "self-denunciation" as a special mitigation person; and (b) 3-2 of the Act on the Control of Narcotics, Etc. / 4 months from the date of release from the same kind of crime after 2005; (c) / 4 months from the date of the same crime; and (d) / 4 months from the date

However, the fact that one's own crime is dead, deep, and repented, the fact that one's own finding the investigation agency after medication and it appears to be notified of his/her medication, and the strong intention and consciousness, etc. shall be considered in favorable circumstances.

In addition, the defendant's age, character and conduct, the environment, the frequency of the crime in this case, the carbon sources of the mother's wife, etc. shall be sentenced as the disposition.

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