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(영문) 창원지방법원 2014.07.22 2014고단1555
마약류관리에관한법률위반(향정)
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. 10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On October 25, 2012, 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 October 25, 2012, and was sentenced to six months from the Jinwon District Court on December 3, 2013 as the same crime, and completed the execution of the sentence at the Changwon District Court on April 24, 2014.

At around 21:00 on June 13, 2014, the Defendant, who is not a narcotics handler, injected approximately 0.03g of psychotropic drugs, into a single-use injection machine by melting approximately 0.03g of psychotropic drugs, into the left arms, and injected them into the left arms.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. An appraisal report and an appraisal report II;

1. An investigation report (related to the calculation of additional collection charges);

1. Records before judgment: Criminal records, etc. inquiry reports, previous records of dispositions, and application of Acts and subordinate statutes reporting results of confirmation;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts;

1. Selection of imprisonment with prison labor chosen;

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

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

1. Scope of recommended sentences based on the sentencing guidelines - The area of aggravation of types 3 (b) of medication and simple possession (former and previous suspension of execution of not more than -3 years): One year to 3 years;

2. Determination of sentence - Determination of favorable circumstances: Determination of the degree of punishment - The discovery of phiphonephones and the degree of net judgment in the process of arranging the items carried out after release; the pain caused by the father, the branch of the punishment, and the financial conditions of the deceased - Unfavorable circumstances: the crimes committed during the period of repeated crime; the number of criminal offenses committed during the period of repeated crime - Other factors of punishment specified in the records of the instant case, such as the defendant’s age, character and behavior, health conditions, home environment, motive, means, consequence, etc.

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