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(영문) 대구지방법원 2014.01.24 2013고단5945
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

20,000 won shall be additionally collected from the defendant.

Reasons

Criminal facts

On January 26, 2011, the Defendant was sentenced to imprisonment with prison labor for night buildings and attempted larceny at the Daegu District Court, and on August 29, 201, completed the execution of the sentence.

Defendant is not a narcotics handler.

1. On September 5, 2013, the Defendant administered psychotropic drugs, which were parked on the road in the E market 5th-gu, Daegu-gu, Daegu-gu, by dilution approximately 0.07gg (1 square meters for disposable injection injection) of psychotropic drugs, which were given free of charge from F, from one ton cargo vehicle in the E market 5th-gu, Daegu-gu, in one ton, and in one ton of them.

2. On September 27, 2013, around 06:30, the Defendant injected approximately 0.03g of philopon, which was received without compensation from I, into a single-use injection instrument, and injected into one’s left arms by dilution with aquatic dilution.

Summary of Evidence

1. Defendant's legal statement;

1. Test results and a written request for appraisal;

1. Previous records: Application of Acts and subordinate statutes on criminal records, inquiry reports, investigation reports, identification of the date of release from prison), personal identification and confinement status;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the selection of a punishment, respectively;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. lies in the confession and reflect of a crime, and the considerable period of time has passed since the defendant was punished for the same kind of crime, and his family members want to take the priority. However, even though he is still young, there are still several young ages who are subject to criminal punishment due to the same kind of crime and the same crime, and even during the period of repeated crime, it is inevitable to render a sentence of punishment.

Provided, That the punishment shall be determined as per the disposition in consideration of the favorable circumstances and all sorts of shapes as mentioned above.

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