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(영문) 부산지방법원 동부지원 2013.03.21 2013고단490

마약류관리에관한법률위반(향정)

Text

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

425,00 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On November 30, 2010, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at Busan District Court on November 30, 201 and completed the execution of the said punishment on December 12, 201.

The defendant is not a person handling narcotics.

1. On January 1, 2013, at around 01:00, the Defendant: (a) provided and purchased approximately KRW 0.5g of psychotropic drugs from E on the street in front of the D Station located in Busan Metropolitan City Shipping Daegu; (b) KRW 200,000,000 for psychotropic drugs.

2. On the same day as Paragraph 1, the Defendant injected approximately 0.03g of clopon clopon to injection arms at the Mourel room where it is impossible to identify the trade name located in Busan-gu Busan-gu, Busan-do.

3. The Defendant, at around 12:00 on the same day as Paragraph 1, administered approximately 0.03g of philophones by melting drinking water of “Ta 500” at the same place as Paragraph 2.

4. On January 26, 2013, around 02:00, the Defendant dried approximately 0.03 ghopon in hopon, located in Busan Jin-gu G, Busan, with the birth volume of approximately 504 gopon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the accused in the first protocol of trial;

1. Report on the results of narcotics appraisal;

1. Previous convictions: Criminal records, current status of personal identification and confinement, and application of 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., concerning the relevant criminal facts and the selection of punishment;

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 Narcotics Control Act (based on the calculation of a surcharge: 850,000 won by the retail price per 1g of penphone in Busan area x 1/2); and