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(영문) 서울중앙지방법원 2019.01.31 2018고단7143
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.

Reasons

Punishment of the crime

On June 29, 2016, the Defendant sentenced the Seoul Northern District Court to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence on September 11, 2017.

Despite the fact that the Defendant is not a narcotics handler, around October 18, 2018, around 14:00, the Defendant injected approximately 0.2g of psychotropic drugs, in the Defendant’s residence in Seongbuk-gu Seoul building C, with the psychotropic drugs, into a single-use injection machine, and injected them into the bloodline, at around October 18, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. A narcotics appraisal statement;

1. Investigation report (Evidence records 169 pages);

1. Application of Acts and subordinate statutes to investigation reports (Evidence records 187 pages);

1. Article 60 (1) 2, Article 4 (1) 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 crimes related to narcotics for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. shall be punished strictly in light of the social harm of the crime.

Furthermore, even though the defendant was in office for repeated crime as a same crime and had a lot of criminal records, he committed the crime of this case.

However, it appears that the defendant's will to be strong, and that the number of crimes was only one time, considering the favorable circumstances.

In addition, in consideration of the age, character and conduct, environment, etc. of the defendant and the circumstances that form the conditions of sentencing specified in the pleadings of this case, a sentence shall be sentenced beyond the lower limit of the sentencing range set in the sentencing guidelines.

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