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(영문) 부산지방법원 2013.09.26 2013고단3921

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

On December 2, 2011, 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 in a wooden prison on September 28, 2012.

Defendant is not a narcotics handler.

On July 5, 2013, at around 21:00, the Defendant injected approximately 0.03 grams of psychotropic drugs to coffees within the Defendant’s residence (C Apartment 306 Dong 1308, 1308).

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Police seizure records;

1. Requests for appraisal made by the president of the National Institute of Scientific Investigation;

1. Notification of communication confirmation data;

1. Investigation report (the result, etc. of urient appraisal);

1. Previous convictions in judgment: The application of criminal records and investigation reports (the confirmation report of the fact of release and the current status of personal confinement);

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. of Specific Crimes;

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

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (100,000 won at the time of sale) is that the defendant has been sentenced to imprisonment for one year for the same crime and has repeatedly committed the crime in this case during the period of repeated crime, etc., and thus, the sentencing factors favorable to the defendant are considered comprehensively, such as the sentencing factors disadvantageous to the defendant, and the fact that the defendant has repeatedly committed the crime in this case during