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(영문) 서울남부지방법원 2016.11.02 2016고단2279
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On March 2016, the Defendant, who is not a narcotics handler, put about 0.2g of the psychotropic drugs in a single-use injection machine, dilution them into the arms at the residence of the Defendant, Nam-gu Incheon, Incheon, and 101, and administered them by means of injection.

Summary of Evidence

1. Legal statement of witness D;

1. A protocol concerning the suspect examination of the accused;

1. Statement made by the prosecution concerning D;

1. Details of currency;

1. The application of Acts and subordinate statutes to investigation reports (the results of requests for intensive examination of hair against A), and narcotics appraisal reports;

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

1. From one year to three years (the administration, simple possession, etc. of narcotics crime group) of imprisonment on the sentencing criteria;

Items c) and c.

(i)the area of aggravation (the special gravity: the same previous conviction for not more than a three-year suspension of execution)

2. Narcotics-related crimes are crimes that must be eradicated as serious crimes that have a great impact on society as well as on the criminal himself/herself.

The Defendant committed the instant crime even though he was under three times of punishment for the same drug crime, and even during the period of suspension of execution and probation.

As a result of the close appraisal on the defendant's hair, in view of the fact that both the part from 3 cm to 3 cm around the maternity and the part from 3 cm after the scam, the defendant's philophone medication is not considered one time.

In this court, the defendant has not reversed his statement to the investigative agency and has denied the crime.

It is inevitable to declare a severe sentence against the defendant.

The defendant is only a single medication, and the defendant has a treatment for navigation cancer, taking into account the circumstances favorable to the defendant.

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