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(영문) 부산지방법원 2015.01.23 2014고단7380

마약류관리에관한법률위반(향정)

Text

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

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

Reasons

Punishment of the crime

On November 18, 201, the Defendant was sentenced to 10 months of imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on November 18, 201, and completed the execution of the sentence on February 25, 201, and on May 1, 2014, the Defendant was sentenced to imprisonment with labor for the same crime, etc. at the same court on May 1, 201, and completed the execution of the sentence on July 1, 20

Criminal facts

Despite the fact that the Defendant is not a person handling narcotics, around August 24, 2014, around 17:00, the Defendant administered approximately 0.03g of the psychotropic drugs, a psychotropic drug, which was obtained as a psychotropic event from the mutual influorite telecom in Masan-si, Namnam-si, Yangsan-si (hereinafter referred to as the “scopon”).

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of appraisal of narcotics;

1. Investigation report (report on calculation of additional collection charges), and monthly trend of narcotics;

1. Previous records of judgment: Application of Acts and subordinate statutes on criminal records, reply reports, written judgments, and current status of confinement of individuals;

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

1. In light of the fact that the defendant, for reasons of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc., committed the crime of this case without being aware of the fact that he was sentenced to six times of punishment for the same kind of crime, and that he again committed the crime of this case without being aware of the fact that he had committed the same crime.

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.