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(영문) 부산지방법원 2015.01.23 2014고단8125

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a person handling narcotics, around 03:00 on May 24, 2014, the Defendant administered approximately 0.03g of the psychotropic drugs, which are psychotropic drugs obtained from the Defendant’s home located in Busan Dong-gu, Busan, by means of sending them to coffee.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written appraisal;

1. Reporting on the calculation of additional collection charges and the application of Acts and subordinate statutes on a monthly trend of narcotics;

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

1. In light of the fact that the Defendant, for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., committed the instant crime without being aware of the fact that he/she was sentenced to a suspended sentence of one year at the Seoul Central District Court on June 13, 2013, sentenced to a suspended sentence of two years for a crime of violating the Act on the Control of Narcotics, etc. (in addition, three times a suspended sentence and two times a suspended sentence) for the same kind of crime, and in particular, it is inevitable to sentence the Defendant, given that he/she again committed the instant crime without being aware of it during the suspended sentence

However, the court shall take into account the favorable circumstances in which the defendant is led to confession, and determine the punishment as ordered in consideration of the sentencing conditions shown in the records, such as the age, character, conduct and environment of the defendant.