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(영문) 부산지방법원 2014.08.14 2014고단5081

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 23, 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 the official prison on September 20, 2012.

Although the Defendant is not a narcotics handler, around 18:00 on June 13, 2014, the Defendant administered narcotics, etc. in a public toilet in the Taecheon-dong, Busan Metropolitan City (hereinafter referred to as “clockphone”) with approximately 0.03g of psychotropic drugs, in a coffee-dong, Busan Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Police seizure records;

1. Notification of appraisal results of narcotics prepared by the Supreme Prosecutors' Office scientific investigation officers;

1. Investigation report (report, etc. on the binding of written judgments);

1. Previous convictions: Application of Acts and subordinate statutes to criminal records and investigation reports (the confirmation date of the date of release);

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. It is so decided as per Disposition by comprehensively taking into account the factors favorable to the defendant, such as the fact that the defendant was sentenced to imprisonment for one year for the same crime, even though he again commits the crime of this case during the period of repeated offense, and the fact that he was committed repeatedly during the period of repeated offense under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (100,000 won for a single-time medication on the market).