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(영문) 창원지방법원 통영지원 2016.09.07 2016고단939
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

10,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Criminal facts

[Criminal Power] The Defendant, at the Changwon District Court’s branch on September 16, 2015, was sentenced to two years of suspension of the execution on October, 2015, due to the violation of the Narcotics Control Act, and the said judgment became final and conclusive on September 24, 2015.

【Criminal Facts】

Although the Defendant is not a person handling narcotics, on March 2016, the Defendant administered the Mete-caminic dose, which is a psychotropic medicine, in the alley in the vicinity of the DNA Dotour, through a coffee.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Response to the request for appraisal;

1. Each internal investigation report and investigation report;

1. Before judgment: References to criminal records and the application of Acts and subordinate statutes to criminal investigation reports;

1. Selection of imprisonment with prison labor under relevant Acts and Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Selection and Management of Narcotics, Etc. concerning criminal facts;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The range of recommending punishment according to the sentencing guidelines for the Supreme Court (the scope of recommending punishment), medication, simple possession, etc.: The aggravated area (one year to three years) (one year to three years to a special person) of the same type (the suspended execution of not more than three years) of the punishment;

2. Determination of sentence - Determination of favorable circumstances: The fact that the defendant seems to have been able to lead a very difficult life, such as influent growth progress and poor health, and it is difficult to accept it easily, but it is difficult to accept it, however, to discover narcotics while arranging clothes for the director, and it is about the administration once, and reflects on the narcotics;

(k) Unfavorable circumstances: Inasmuch as control circumstances are not good, such as that narcotics are changed in the telecomer who resides at a single night, sound, and they are investigated by a police officer dispatched after receiving a report of 112, and they are found to have been administered, and recidivism without cruel treatment during the period of suspension of execution and probation;

- The age, character and conduct, environment, circumstances after crimes, etc. of the defendant.

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