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(영문) 창원지방법원 2018.02.28 2017고단3240
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

20,000 won shall be additionally collected from the defendant.

Reasons

Criminal facts

On October 29, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Changwon District Court for a violation of the Act on the Control of Narcotics, etc., and completed the execution of the sentence at the Port Correctional Institution on March 10, 2017, and is not a narcotics handler.

[2017 Highest 3240] On September 20, 2017, the Defendant administered a Metetop ctop ctop ctop 0.03g, which is a local mental medicine, delivered by H, around 20:0 on September 20, 2017.

[2017 Highest 4128] On August 2017, the Defendant administered approximately 0.01g gopon in drinking water in a way of drinking water, which was parked in the J middle school behind the J middle school located in Kimhae-si I at around 18:00 on the last day of August 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of seizure and the list of seizure;

1. Each response to a request for appraisal;

1. Written replys (in response to a request for appraisal and narcotics appraisal), requests for appraisal (in response to a request for appraisal) and requests for appraisal;

1. Each investigation report (calculated of additional collection charges);

1. Before judgment: Application of Acts and subordinate statutes to refer to inquiries, such as the history of crime in the 2017 highest order and 3240 cases, and investigation reports (verification of repeated crimes and attachment of the same judgment);

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., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is that the defendant has a deep depth and reflects his mistake, and there are some circumstances that may be somewhat taken into account the motive and circumstance leading to each of the crimes in this case, etc., in favor of the defendant.

On the other hand, narcotics crimes need to be strictly punished as serious crimes that are socially malicious and risk of recidivism, and the defendant has been punished for narcotics crimes even before.

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