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(영문) 창원지방법원 2019.07.10 2019고단1476
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

[Criminal Power] On July 18, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Changwon District Court on July 18, 2017 and completed the execution of the sentence in the Southern Prison on November 4, 2018.

【Criminal Facts】

Around 19:00 on May 26, 2019, the Defendant, who was not a person handling narcotics, injected approximately 0.05gg of psychotropic drugs, into a white flap loan parked in front of the residence of the Defendant located in Changwon-gu, Changwon-si B, and administered them by means of dilution of approximately 0.05g of psychotropic drugs with a single-use injection machine.

Summary of Evidence

1. Defendant's legal statement;

1. A statement on narcotics appraisal;

1. Photographs of the suspect, injection or vaccination;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, written judgments and personal confinement;

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 reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. [Scope of Recommendation] 01. Medications, simple possession, etc. - Types Three (one year to three years of imprisonment) (one year) of the Act on the Control of Narcotics, etc. - Special Convicts: The punishment as ordered shall be determined by comprehensively taking into account various sentencing conditions, such as the Defendant’s age, character and conduct, family relationship, frequency and quantity handling phiphones in the same criminal record [decision of sentence] as shown below.

Unfavorable circumstances: Narcotics-related crimes are crimes that cause degradation to individuals, families, and society as a whole, and require strict countermeasures.

The Defendant had a total of 13 times of punishment for the same crime, and has completed the prison term for the punishment accordingly, and again committed the instant crime.

As a result of the maternity test on the defendant, the response to the training of philophone was confirmed.

A favorable condition: The Defendant is the instant case.

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