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(영문) 대전지방법원 천안지원 2016.07.15 2016고단922
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.

As above, the defendant.

Reasons

Punishment of the crime

On February 5, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, etc. in the Daejeon District Court's astronomical Branch for the crime of violation of the Act on the Control of Narcotics, etc. on January 11, 2016 and completed the execution of the sentence in the Ansan Prison on January 2016.

Defendant is not a narcotics handler.

No person other than a narcotics handler shall trade, arrange for the trade of, give or receive, possess, use, manage, prepare, administer, or provide narcotics.

Nevertheless, around 12:00 on June 6, 2016, the Defendant administered “Del” 208 in Asan City C, and once, in a way of melting 0.07g of Metetramins who received from an injured person into aquatic water.

Summary of Evidence

1. Statement by the defendant in court;

1. Results of a simplified inspection wurged by AC, a report on the results of preliminary tests on narcotics, and a response to requests for appraisal;

1. A protocol of seizure and a list of seizure;

1. Photographss of DNA hotels and CCTVs;

1. Application of Acts and subordinate statutes to the details of the release of the inmate, investigation report (the date of the final release, etc.);

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

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

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Application of the sentencing guidelines [the types of determination] : Three types (the Sentencing: (b) and (c) (special sentencing factors ; (c) and simple possession, etc.) (the person subject to suspended execution for a period of not more than three years): - In the same criminal history (the scope of the recommended punishment ] 1 to 3 years [the scope of the recommended punishment ] - In the increased area of the aggravated factors: In the same criminal history (the suspended execution for a period of not less than three years but not more than ten years);

2. The fact that the defendant was sentenced to concurrent punishment for a crime of the same kind, was committed again without being aware of the fact that he committed the crime of this case even though he was in the period of repeated crime of the same kind, the fact that the defendant is recognized and reflected in the crime, and that he was present at the trial of this case, such as the age, sex, and environment of the defendant.

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