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(영문) 부산지방법원 2014.01.10 2013고단6980

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

450,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On September 3, 2012, around 22:00, the Defendant: (a) administered approximately 0.03 g of the psychotropic drugs purchased from E in front of the cafeteria “D” restaurant located in Busan Jin-gu, Busan; (b) can be administered in a way that they are placed on coffee.

2. From October 29 to 30:00 on October 29, 2012, the Defendant administered approximately 0.03 g of philopon purchased from H on the front of the 24-hour convenience store in the G Park located in Busan, Busan, through a can, in a way of hanging it to the coffee.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the interrogation protocol of the prosecution concerning I;

1. Emotional table for appraisal (A hair; Training);

1. A report on investigation (related to the calculation of an additional collection charge);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It shall be decided as ordered on the grounds of the proviso to Article 67 of the Narcotics Control Act (the collection of each purchase price, which has been administered after purchasing each phiphone) or more;