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(영문) 대구지방법원 2015.10.15 2015고단3859
마약류관리에관한법률위반(향정)
Text

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

A penalty of KRW 100,000 shall be collected from a defendant.

The amount equivalent to the above additional collection charge.

Reasons

Punishment of the crime

On May 24, 2012, the Defendant was sentenced to a suspended sentence of three years in the Gwangju District Court for a crime of violation of the Act on the Control of Narcotics, Etc., and was not a person dealing with narcotics.

On August 16, 2015, at around 22:00 to 23:00, the Defendant administered a psychotropic drug, a psychotropic drug, by mixing it with drinking water, at the home of E, a psychotropic drug, acquired by an instigious route in the vicinity of the Dratium located in Seogu Daegu-gu, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Test results and a request for appraisal;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the order of provisional payment is to be imposed on the defendant taking into account the following: (a) the reason for sentencing [the range of recommendation] the sentence of punishment under Article 334(1) of the Criminal Procedure Act; (b) medication, simple possession, etc. (10 to 2 years); and (c) the basic area [10 to 2 years] [10] [the sentence] of the Criminal Procedure Act; (c) the narcotics crime is highly likely to repeat a crime by nature of the crime; (d) the surrounding persons may be suspected of committing a narcotics crime; and (e) the defendant is subject to three times a suspended sentence or three times for the same crime; and (e) the defendant's mother (7 m from the mother to the 7 m from the mother); and

However, the judgment is delivered with the order, taking into account the following circumstances: the Defendant’s late reflects the fact that there is a misunderstanding, family members to support, and other various circumstances that form the conditions for sentencing as shown in the records and arguments of this case, such as the Defendant’s age, character, conduct and environment, the background and motive leading to the instant crime, and the circumstances before and after the instant crime.

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