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(영문) 수원지방법원 2012.09.05 2012고단1919
마약류관리에관한법률위반(향정)
Text

The punishment of the accused shall be determined by a year of imprisonment.

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

Reasons

Punishment of the crime

[Criminal Power] On November 21, 2008, the Defendant was sentenced to 8 months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on May 15, 2009 and completed the execution of the sentence.

【Criminal Facts】

Although the Defendant was not a person handling narcotics, around April 21, 2012, the Defendant injected approximately 0.05g of psychotropic drugs into a single-use injection machine and dilution them into the arms, which were parked near the Geum-gu Busan National University.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the calculation of an additional collection charge;

1. Each written appraisal;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (a copy of the judgment attached thereto and confirmation of the date of release);

1. Relevant Acts concerning criminal facts and Articles 60 (1) 3 and 4 (1) and subparagraph 4 (b) of Article 2 of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201; hereinafter the same shall apply);

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under the proviso of Article 67 of the former Act on the Control of Narcotics, Etc. [Application of Sentencing Criteria] Scope of recommended sentences: One year to three years (the selection of the category No. 3, such as medication and simple possession of narcotics) - A special-salvator: A special-salvator: Before the same criminal records (not less than three years of suspension of execution): - A general-salvator: A special-salvator: A special-salvator (not less than three years of suspension of execution): A special-salvator: A special-salvator (not less than three years of suspension of execution) of the same criminal records (not less than three years of suspension of execution) : (a) there is no applicable matter [decision of a sentence of suspension of execution of sentence]

However, the order is issued in consideration of all the circumstances, such as the defendant's age, character and conduct, occupation, home environment and social career, including the fact that the defendant is late and wrong.

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