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(영문) 창원지방법원 2013.08.21 2013고단1806
마약류관리에관한법률위반(향정)
Text

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

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

equivalent to the above additional collection.

Reasons

Punishment of the crime

[Criminal Power] On March 30, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Changwon District Court on March 30, 2012, and completed the execution of the sentence in the Chuncheon Prison on February 22, 2013.

【Criminal Facts】

The Defendant is not a person handling narcotics.

At around 18:00 on June 18, 2013, the Defendant, within 303 Maurherto C located in Changhae-si, Changwon-si, Changwon-si, psychotropic drugs, mix approximately 0.03g of psychotropic drugs, into a single-use injection machine, and administered them by means of injection into his own right arms.

B. The Defendant, around 10:10 on June 20, 2013, posted approximately 0.06 g of philopon into the right-hand flopon, and possessed it.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. A report on a request for appraisal and an additional report on a request for appraisal;

1. Previous records of judgment: Application of criminal records, inquiry reports (A), and criminal investigation reports (verification of whether the previous records, judgments are attached, and repeated crimes) Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for which the relevant Article of the Act on the Punishment of Criminal Crimes and the Selection of Penalty (the medication of each phiphone, the point of possession, and the selection of

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

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

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (10,000 won for medication once x once);

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has a history of serving ten times or more as a narcotics crime from 1989 to 2012. In particular, even if the defendant was sentenced to imprisonment with prison labor for one year for scopphones, receipt of scopphones, and medication as stated in the judgment, and completed the execution of the sentence, it is inevitable to sentence a considerable period of punishment because the defendant committed the crime of this case during the period of repeated crimes, and as such, the punishment for the crime of this case

However, the fact that the defendant's mistake is against the depth of the defendant, and that the will of the suspension of narcotics is clarified.

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