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(영문) 부산지방법원 2015.01.16 2014고단9642

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

650,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On June 1, 2012, the Defendant was sentenced to one year in Busan District Court for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence on March 29, 2013.

1. On March 3, 2014, around 20:27, the Defendant purchased approximately 0.35 grams of psychotropic drugs from C in front of the KB National Bank of the Republic of Korea located in the Busan Jin-dong 393-12, and traded narcotics, etc. by purchasing approximately 0.35 grams of psychotropic drugs from C in 150,000 won.

2. Even if the Defendant is not a narcotics handler, on March 3, 2014, purchased approximately 0.7 grams from C in the same place as indicated in paragraph (1), and traded narcotics, etc. by purchasing approximately 0.7 grams from C in 300,000 won.

3. Even if the Defendant is not a narcotics handler, around August 2014, the Defendant administered narcotics with approximately 0.03 gramopphones in the Defendant’s house located in Busan Seo-gu, Busan, on the water.

4. Although the Defendant is not a narcotics handler, on December 1, 2014, at the same place as indicated in paragraph 3 around December 23, 2014, the Defendant administered Mauriting narcotics on the water with approximately 0.03g of phiphones.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's statement concerning C;

1. Notification of the result of appraisal of narcotics;

1. Investigation report (calculated on additional charges), and monthly trend of narcotics;

1. Previous records of judgment: Application of criminal records, references to criminal records, written judgments, reading records, and other Acts and subordinate statutes;

1. Relevant Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., for which the relevant Article of the Act on the Control of Narcotics, Etc. and the Selection of Imprisonment with prison labor

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

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

1. The defendant, for reasons of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc., committed the crime of this case without being aware of the fact that he had been punished three times for the same crime (two times for actual punishment, one time for suspended execution), and that he again committed the crime of this case without being aware of the fact that he was committed in the same crime.