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(영문) 대구지방법원 2015.04.09 2015고단724
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

A penalty of KRW 100,000 shall be collected from a defendant.

The amount equivalent to the above additional collection charge.

Reasons

Punishment of the crime

In the Daegu District Court on January 21, 2010, the Defendant was sentenced to a one-year suspended sentence of 1 year for a violation of the Act on the Control of Narcotics, Etc., and was sentenced to a two-year suspended sentence of 2 years for the same crime, and was not a person handling narcotics.

On February 10, 2015, the Defendant administered psychotropic drugs by mixing them with water at least 0.03gs, which are psychotropic drugs delivered without compensation from D, from the dwelling space located in Jung-gu Daegu-gu, Daegu-gu. D.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol of examination of suspect regarding D by the prosecution;

1. Test results and a request for appraisal;

1. Report on investigation (additional imposition), application of Acts and subordinate statutes on the price of narcotics cancer;

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

1. The proviso to Article 67 of the Narcotics Control Act;

1. As to the sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order, there is no basic area (10 to 2 years) (10 to 2 years) of types 3 (the scope of recommendation), medication, simple possession, etc.) [10 to 3 years] of the Criminal Procedure Act of the Republic of Korea [10] [10 to 2 years] [10] of the Criminal Procedure Act] Inasmuch as the nature of the crime is high in the risk of recidivism, the surrounding persons may be suspected of committing a crime, and the surrounding persons may be suspected of committing a drug crime, and the defendant has the record of having been punished seven times for the same crime (3 times of punishment, 3 times of suspended execution, 3 times of fine), and on the ground that mental illness, such as depression, etc., and health are not good, a fine shall be imposed for the year 2007, and the defendant again commits the crime of this case even if he was placed prior to the suspended sentence for 2010, and the defendant's hair (s hair to 7cm ingredients).

However, the defendant's name and behavior, character and environment, health conditions, and the process, motive and motive leading to the crime of this case.

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