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(영문) 대전지방법원 공주지원 2013.04.26 2012고단357
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 June 19, 2009, the Defendant was sentenced to one year of imprisonment and two years of suspended execution due to a violation of the Act on the Control of Narcotics, Etc. at the Ulsan District Court on October 22, 2009, and was sentenced to one year of imprisonment due to a violation of the Act on the Control of Narcotics, etc. at the Ulsan District Court on December 12, 2009, and the sentence of suspended execution became final and conclusive on December 12, 2009, and completed the execution of the final sentence at the racing prison on June 8, 201.

The defendant is not a person handling narcotics.

At around 17:00 on July 24, 2012, the Defendant administered approximately 0.03 g of a psychotropic drug medication once per week, which was delivered by a person with no name (one name D), in the toilet for the first floor of the C Hospital located in Seo-gu Busan, Seo-gu, Busan, by a method of drinking in coffee.

Summary of Evidence

1. Defendant's legal statement;

1. A written report on the prosecution, an examination, and an appraisal request report;

1. A report on investigation (calculated additional charges);

1. Previous convictions indicated in judgment: Criminal history records, probationary records, confirmation reporting persons at the expiration of the term of punishment, and application of statutes;

1. Article 60 (1) 2 and Article 4 (1) 1 of the Act on the Selection and Management of Narcotics, Etc., and Selection of Imprisonment with labor for a crime;

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. is that even if a defendant was sentenced several times to a punishment for the same kind of crime, he committed two additional crimes during the repeated crime period, and immediately after being sentenced to one of the additional crimes, he committed the principal crime again, and that the sentence of sentence against the defendant is inevitable.

Accordingly, the defendant's age, character and conduct, family environment, and the background and result of the crime of this case shall be determined as above in consideration of the various sentencing conditions shown in the trial process of this case.

It is so decided as per Disposition for the above reasons.

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