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(영문) 창원지방법원 2013.10.04 2013고단2460
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

equivalent to the above additional collection.

Reasons

Punishment of the crime

[Criminal Power] On February 11, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Cheongju District Court on February 11, 201, and completed the execution of the sentence in the Mana Prison on July 31, 2012.

【Criminal Facts】

Defendant is not a narcotics handler.

On August 11, 2013, the Defendant administered approximately 0.03 g of psychotropic drugs c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. in a coffee.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Requests for appraisal;

1. Previous records of judgment: Application of criminal records, and criminal investigation reports (in cases of previous records, attachment of written judgments, and confirmation of the expiration of term of punishment), statutes;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the elective Management of Narcotics, Etc. concerning Criminal Facts and the Selection of Punishment;

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

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (10,000 won for medication once x once);

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has a record of being sentenced 11 or more times to a drug crime from 1999 to 2011. In particular, even if the defendant completed the execution of imprisonment with prison labor of one year and six months for the crime of giving and receiving scopphones or medication, such as the previous record of the judgment, it is inevitable to sentence a considerable period of time since the defendant committed the crime of this case during the repeated crime period, and the punishment for such crime is very low.

On the other hand, the punishment shall be determined in consideration of favorable circumstances, such as the fact that the defendant's mistake is against the depth while recognizing the intention of the suspension of narcotics.

It is so decided as per Disposition for the above reasons.

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