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(영문) 부산지방법원 2015.03.19 2014고단9842

마약류관리에관한법률위반(향정)

Text

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

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

Reasons

Punishment of the crime

On December 28, 2010, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on December 28, 2010, and completed the execution of the sentence in the three prisons of the North Korean Dos on May 28, 2012, and on August 14, 2012, the Defendant was sentenced to two years and six months of imprisonment in the same court on August 29, 2014, and completed the execution of the sentence in the Gwangju Prison on November 29, 2014.

Notwithstanding that the Defendant is not a person handling narcotics, around December 3, 2014, around 18:00, the Defendant administered approximately 0.03 g of Mesopha, a psychotropic drug, at the Defendant’s house located in Busan Young-gu, 101 Dong 305, 305, a psychotropic drug, in a way that they are sent to the call.

Summary of Evidence

1. Statement of the defendant in the second protocol of trial;

1. Response to the request for appraisal;

1. Investigation report (involving the results of appraisal, etc.);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports;

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 proviso to Article 67 of the Narcotics Control Act;