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(영문) 창원지방법원 진주지원 2020.02.06 2019고단1320
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.

Reasons

Punishment of the crime

[Criminal Power] On February 19, 2016, the Defendant sentenced ten months to imprisonment for a crime of violation of the Narcotics Control Act, etc. at the Ulsan District Court on February 19, 2016, and completed the execution of the sentence in the Ansan Prison on October 9, 2016.

【Criminal Facts】

The defendant is not a person handling narcotics.

1. At around 14:00 on May 28, 2019, the Defendant received and accepted approximately 0.05 g of psychotropic drugs, which were psychotropic drugs, which were psychotropic drugs in a single-use fluence C, in the middle-gu Seoul Metropolitan City Bel, Daegu-gu, and were given and received from the Defendant without compensation.

2. At around 14:00 on May 29, 2019, the Defendant injected 0.05g of philophones received as water from the Defendant’s home located in the Daegu-gu D Building E using a one-time injection device, and injected 0.05g of philophones received as water, such as paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report (the sequence 4, 5, 13 in the list of evidence);

1. Previous convictions in judgment: Inquiries and inquiries, and the application of Acts and subordinate statutes of investigation reports (Attachment to judgment of identical crimes A against a suspect and personal confinement status);

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

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime [Violation of the Act on the Control of Narcotics, etc. (Determination of Pronouncement)] (Article 1 of the Act on the Control of Narcotics). Medication, simple possession, etc. (Type 3) of narcotics;

Items c) and c.

Subscopic factors (special scopic factors): Aggravation of self-denunciation: Basic sphere of previous convictions (not less than a stay of execution within three years): Basic sphere of punishment for the same kind of crime (the scope of the recommended area and the scope of the recommended punishment);

(b) Class 2 crime [Violation of the Act on the Control of Narcotics, etc. (Determination of Punishment)] (Determination of Punishment of Narcotics, etc.]. Trade, good offices, etc. (Type 2] marijuana and perfumes;

Items b. and c.

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