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(영문) 대구지방법원 의성지원 2014.07.03 2014고단110
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On January 13, 2011, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Ulsan District Court on January 13, 201, and completed the execution of the sentence on October 25, 2012. On July 12, 2013, the Defendant was sentenced to one year and six months of imprisonment with prison labor at the Busan District Court for the same crime, and that judgment became final and conclusive on October 26, 2013.

Around December 7, 2012, the Defendant provided a single-use injection device, which is 0.06 glopon, to C in front of the East Asia University located in Seo-dong, Seo-gu, Busan, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report of internal investigation (a copy of interrogation protocol of a criminal suspect C shall be attached);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of related judgments) and Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Establishment of Relevant Acts and the elective Control of Narcotics, Etc. for Crimes (Selection of Imprisonment);

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

1. The reason for sentencing in the latter part of Article 37 and the main sentence of Article 39(1) of the Criminal Code for the treatment of concurrent crimes [Incompetence] - In addition, since 1988, there was 12 times of having been sentenced to imprisonment for the same kind of crime prior to the crime of this case, and as well as the fact that the crime of this case was committed in addition to 40 days of having been released from prison due to the same crime of this case [fluent circumstances] - The fact that the mistake of this case is recognized and reflected against it - The first head imprisonment for the violation of the Act on the Control of Narcotics, etc. (fluence) with the first sentence of Article 37 of the Criminal Code, which has been sentenced to imprisonment for a concurrent crime of this case

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