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(영문) 창원지방법원 2020.01.09 2019고단2101
마약류관리에관한법률위반(향정)
Text

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

Seized evidence No. 3 shall be confiscated.

10,000 won from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On September 19, 2018, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Changwon District Court on September 19, 2018, and completed the execution of sentence at the Changwon District Court on May 21, 2019.

【Criminal Facts】

Despite the fact that the Defendant is not a narcotics handler, at around 20:0 on June 1, 2019, administered them by dilution approximately 0.03g of Mesopha (i.e., one philopon) with a single-use injection device to the left body within the mutual unfurine guest room located in Kimhae-si, Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of police statements made toO;

1. Seizure records;

1. A narcotics appraisal statement;

1. Monthly trends in narcotics;

1. Previous convictions: Criminal records, investigation reports (narcotics records and judgment), and application of Acts and subordinate statutes concerning personal confinement;

1. Relevant Article of the Criminal Act and Articles 60 (1) 2, 4 (1) 1, and 2 (3) (b) of the Act on the Control of Narcotics, Etc., the Selection of Imprisonment with prison labor;

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

1. The main sentence of Article 67 of the Narcotics Control Act;

1. The punishment as ordered shall be determined by comprehensively taking into account the various circumstances shown in the trial and records, including the Defendant’s age, character and conduct, environment, motive for committing the crime, and circumstances after committing the crime, under the grounds for sentencing in the proviso of Article 67 of the Act on the Control of

The favorable circumstances: The defendant's severely reflects the defendant and the defendant's mother's guidance to the defendant: The defendant has already been convicted of a large number of narcotics and, in particular, the defendant has committed a second offense within a short time after having been sentenced to imprisonment with prison labor for narcotics crimes.

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