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(영문) 부산지방법원 2015.07.23 2015고단2637

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 or 2 shall be confiscated from the accused.

from the defendant.

Reasons

Punishment of the crime

On May 31, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on May 31, 2013, and was punished for the same crime in the net prison on August 10, 2014 and three times.

Criminal facts

On May 10, 2015, around 22:00, the Defendant: (a) administered the psychotropic drugs, which are psychotropic drugs, in a set of 508 DNA telephones located in Busan Shoro-gu; (b) approximately 0.03 grams of psychotropic drugs, in a coffee.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Results of simplified reagents test;

1. Notification of the result of legal and chemical appraisal;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to the same attached records);

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. concerning the relevant criminal facts;

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

1. The main sentence of Article 67 of the Narcotics Control Act;

1. The grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. [Scope of Recommendation] Medication, simple possession, etc., taking into account the following factors: The area of aggravation (one year to three years) (one year) of the area of aggravation (one year to three years) of the Act on the Control of Narcotics, etc. / [a person under special guard] of the same criminal record (a person under suspended sentence for not more than three years] / the criminal records of the defendant, the fact that the criminal