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(영문) 창원지방법원 2017.07.20 2017고단1934
마약류관리에관한법률위반(향정)
Text

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

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

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

On June 2, 2017, the Defendant added approximately 0.05g of Mesoftpon, which is a local mental medicine, to a single-use injection machine, and dilutiond with a non-brupted her hand at the lower end of the lower end of the Busan YY, at around 22:00, the Defendant administered the drug by means of injection on his hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Letters of the written prosecution for the prosecution;

1. Report on the result of the preliminary test of narcotics;

1. A statement on narcotics appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (verification of a surcharge);

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

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Three types (one year to three years) of the aggravated area (one year to three years) of the sentencing guidelines (the scope of the recommended punishment), medication, simple possession, etc. (the period of suspension of execution within three years) and the previous offense (the period of suspension of execution within three years);

2. In light of the fact that the defendant who was sentenced to a sentence was in the period of suspension of execution due to the same crime, it is inevitable to sentence the defendant to a sentence;

In full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) the Defendant appears to have committed the instant crime; (c) the Defendant appears to have continued and live a new life in the future; and and (d) other circumstances that form the conditions for sentencing specified in the instant records and arguments, such as the Defendant’s age, sexual conduct, the developments and motive leading to the instant crime; and (c) the circumstances before and after the instant crime, etc., the Defendant exceeded the sentencing guidelines, and sentenced the same sentence as the disposition, within the applicable sentencing range.

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