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(영문) 대구지방법원 2013.06.14 2013고단2405
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Criminal facts

On November 25, 2010, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Daegu District Court on November 25, 201, and completed the execution of the sentence on September 1, 201.

Defendant is not a narcotics handler.

1. At around 10:00 on October 3, 2012, the Defendant administered approximately 0.03g of approximately 0.06g of psychotropic drugs, which were delivered to F, in inn where it is impossible to identify the trade name adjacent to the E Hospital located in Daegu Suwon-gu, the Defendant administered them by dilutioning approximately 0.03g of approximately 0.06g of psychotropic drugs.

2. The Defendant, at around 11:00 on the same day, administered the remainder of 0.03g of chophonephones delivered to F at the same place as that of the preceding paragraph, by dilution and mathing them.

Summary of Evidence

1. Defendant's legal statement;

1. A written test report, a test report, and a written appraisal report;

1. Previous records: Criminal records, current status of personal confinement, and application of court rulings and other statutes;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the selection of a punishment, respectively;

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. According to the sentencing guidelines under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., the crime of this case falls under the category 3 (f) of the medication, simple possession, etc. of the narcotics crime group, and the scope of imprisonment with prison labor of one year to four years (one year, previous, and multiple crimes).

In recent years, the defendant has been repeatedly serving a prison term to prevent narcotics from committing a crime, has failed to stop the crime during the period of repeated crime, and at the same time the crime of this case is committed, and the responsibility for the crime of this case is uncertain, and the risk of recidivism is also high, so no sentence may be imposed.

However, it is ordered to leave the sentencing criteria in consideration of the fact that the accused has led to the crime, reflects the fact, and has a social relation.

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