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(영문) 창원지방법원 2012.11.16 2012고단2276
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

On May 22, 2009, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. at the Changwon District Court on May 2, 2009 and completed the execution of the sentence on July 2, 2010.

1. [2012 Highest 2276] Even if the Defendant is not a person handling narcotics, on July 18, 2012, around 22:00, the Defendant put approximately 0.03g of Mestopphones (one philophone) into a one-time injection machine, melted them into the left arms and administered them.

2. [2012 Highest 3140] Even if the Defendant is not a person handling narcotics, the Defendant, at around 05:50 on July 16, 2012, delivered D, free of charge, 0.03 g of Mepta (one philopon) in the street near Changwon-si, Changwon-si, Seoul, and 0.50 on July 16, 2012.

Summary of Evidence

[2012 Highest 2276]

1. Defendant's legal statement;

1. Notification of the results of appraisal of narcotics, etc., and a request for appraisal;

1. Investigation report (related to additional collection charges) (2012 highest 3140);

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning D;

1. Investigation report (calculated with a surcharge);

1. Previous convictions in judgment: The application of Acts and subordinate statutes of criminal records and investigation reports (No. 6, No. 7);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant provisions concerning criminal facts;

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. is to be recognized as having committed a crime, and the circumstances of self-denunciation are divided, but the defendant has been sentenced three times to imprisonment for the same crime and one time to suspend the execution, and considering that the defendant has committed a crime that is deemed to have been committed during the period of repeated crime, the nature of the crime is heavy.

sentence shall be pronounced.

In the above circumstances, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, health status and family relationship, shall be determined as per the disposition.

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