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(영문) 창원지방법원 2016.04.28 2016고단576
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On August 21, 2013, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Incheon District Court on the part of August 21, 2013, and completed the execution of the said sentence at the racing prison on December 6, 2014.

2. No person other than a criminal suspect shall administer a psychotropic drug;

Although the Defendant is not a narcotics handler, at around 03:00 on October 18, 2015, at the mutual influenite-dong male-dong, Changwon-si, Changwon-si, Simpo-si, the Defendant injected 0.03 g of mert clopon (hereinafter “one-way clopon”), which is a local mental medicine, into water, and injected once into the Defendant’s left part.

Summary of Evidence

1. Statement by the defendant in court;

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

1. An appraisal report on narcotics and a reply to inquiries;

1. Investigation report (calculated of the market price of mert cancer and additional collection charges);

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning a copy of each written judgment, number and confinement of each individual;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. concerning facts constituting an offense (the choice of imprisonment with prison labor);

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

1. The grounds for sentencing [the scope of recommending punishment] under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the one-time medication of 100,000 won) [the scope of recommending punishment] under the basic area (10 to 2 years), such as medication, simple possession, etc. (2)] (10 to 3 years), the number of self-denunciation [the person subject to special mitigation] under the same criminal records (not less than 3 years of suspended sentence] [the decision of sentence] under the following circumstances, and the circumstances constituting the sentencing conditions indicated in the records of this case, such as the age, sex, family relation, family environment, motive and means of the crime, the motive and means of the crime, etc. after the crime, shall be determined as the sentence as ordered.

Unfavorable circumstances: The crime related to narcotics is a serious criminal with severe social harm and risk of recidivism, and the defendant commits the crime of this case at the same time during the period of repeated crime due to a crime related to the same drug: The defendant surrenders himself/herself and reflects it.

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