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(영문) 부산지방법원 2014.10.16 2014고정3601

마약류관리에관한법률위반(향정)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 14, 2013, the Defendant was sentenced to 8 months in Busan District Court for a violation of the Act on the Control of Narcotics, Etc., and the judgment became final and conclusive on November 15 of the same year.

Despite the fact that the Defendant is not a narcotics handler, around 04:00 on August 14, 2012, around 04:00, the Defendant administered narcotics, etc. by having D (the age of 56), as if he was a normal coffee, with approximately 0.03g of the psychotropic drug Metepia (the name “philopon”) 0.03g of the psychotropic drug, to flacing D (the age of 56) to flacate.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on internal investigation (ad hoc and interim report), report on results of internal investigation, report on internal investigation (specific person suspected of being suspected), investigation report (Attachment, etc. to a written judgment);

1. Each reference for appraisal request (2012-S-8830), additional response for appraisal request (2012-S-8830), response for appraisal request (2012-M32594), notification of the results of DNA identification information search;

1. Related photographs;

1. Previous convictions: Search of cases and application of Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Protection of Narcotics, Etc., and Selection of Fines for Criminal Facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;