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(영문) 대전지방법원 공주지원 2014.10.07 2014고단190
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On February 4, 2010, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at Seoul Southern District Court on February 4, 201, and the same year.

8. 13. The same court was sentenced to two months of imprisonment for the same crime, and the execution of each of the above punishment was completed on May 9, 2013 in Busan Prison.

【Criminal Facts】

Around September 27, 2013, the Defendant, even if not a person handling narcotics, administered approximately 0.03g of psychotropic drugs in the D’D “D” solution located in Gangnam-gun, Gangwon-do, by inserting approximately 0.03g of psychotropic drugs into a single-use injection instrument, dilution them into the arms, and then injecting them into the arms. From around that time to December 20, 2013, the Defendant administered Mesacty in a total of six times, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect E (second time);

1. A copy of the investigation report (investigation into attachment of telephone pictures), or a copy of photographic pictures of a suspect cell phone; and

1. Previous convictions indicated in the judgment: Criminal history records, reply reports (A), - Application of Acts and subordinate statutes concerning the status of personal identification and confinement;

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 the relevant criminal facts and the Selection of Punishment;

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act, which aggravated concurrent crimes;

1. Application of sentencing standards

A. Part 2 Crimes under the Cooperation in Investigations 3 (Scope of Recommendation), such as medication, simple possession, etc., [The scope of Recommendation] Part 3 Crimes under the Part 3 (D. items (b) and (c)] the mitigated area of imprisonment, six months to one year and six months] [Special Mitigation] [The scope of Recommendation] under the Part 3 (b) and (c) of the mitigated area (one to one year and six months of imprisonment] under the Part 3 (Special Mitigation] under the Part 6 to one year and six months] under the part of mitigation area (one year and six months of imprisonment] (the scope of Recommendation), the Part 3 Crimes under the Part 3 (b) and the Part 3 (one year and six (6 months of imprisonment)] under the Part 3 (Special Mitigation] under the Part 6] and the Part 3 Crimes under the Part 3 (Special Mitigation] under the Part 5.

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