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(영문) 춘천지방법원 2015.04.09 2015고단111
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 28, 2015, around 23:00, the Defendant placed 0.1g of Mesofter who purchased from his name in the office of Kwikset service company, Kwikseter (hereinafter referred to as “Handphone”), purchased from his name in one-time injection machine, dilutioned with his/her growth, and then injected into the Defendant’s left side bloodline.

Accordingly, even if the defendant is not a person handling narcotics, he administered psychotropic drugs.

Summary of Evidence

1. Defendant's legal statement;

1. 아큐샤인시약검사결과, 감정결과서 법령의 적용

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection of Narcotics, etc., and Selection of Imprisonment with prison labor concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act (The following factors of sentencing shall be taken into account):

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

1. The scope of recommendations according to the sentencing criteria (a decision of type) shall be prescribed for administration, simple possession, etc. of narcotics;

Items c) and c.

Title, etc. [Scope of Recommendation] 10 months - 2 years (Basic Area)

2. The crime of scopon medication is a serious crime that causes serious harm to the physical and mental health of the people and society, and it is inevitable to eradicate it, and the Defendant has been punished twice as well as two times of a drug-related crime, but is also under the unfavorable circumstances such as the crime in this case.

On the other hand, when the defendant reflects his mistake and fails to repeat the crime in the future, and is based on the fact that the family members of the defendant actively avoided the defendant's will to lead a normal social life, and the defendant was sentenced to imprisonment with prison labor for the same kind of crime in 2008 and was sentenced to a prison labor for ten months, the crime of this case is committed more than five years.

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