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(영문) 부산지방법원 2013.12.19 2013고단4669

마약류관리에관한법률위반(향정)

Text

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

30,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On August 10, 2010, 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 Daegu Prison on May 30, 201.

Defendant is not a narcotics handler.

[2013 Man-Ma4669] On July 26, 2013, the Defendant administered approximately 0.05 g of Metepha (one philopon) 0.05 g, a psychotropic drug, in the clock in Busan Northern-gu, Busan, around 21:00.

[2013 Highest 6927]

1. On May 23, 2012, around 23:50, the Defendant administered approximately 0.03 grams of psychotropic drugs at the Defendant’s house, 202, 712, 202, and 0.03g of psychotropic drugs (i.e., one philopon) in a way of drinking in a beer.

2. On June 23, 2012, around 23:00, the Defendant administered approximately 0.03 grams of philophones at the Defendant’s house located in Northern-gu, Busan, 202 Dong 712, in a way of drinking in beer.

[2013 Highest 8320] On June 2013, the Defendant provided G with approximately 0.03 grams of psychotropic drugs (one philopon) at the house of the F Building 105 G in Yangsan-si, Yangsan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's protocol of examination of the accused;

1. Copies of prosecutor's and police interrogation protocol concerning G;

1. The prosecutor's statement concerning H;

1. Statement of the police officer to I;

1. Police seizure records;

1. Requests for appraisal made by the president of the National Institute of Scientific Investigation;

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

1. Photographs of the result of simple reagents examination;

1. Investigation report ( Results, etc. of suspect's written appraisal);

1. Previous convictions: Criminal records and investigation reports (the confirmation report on the date of the final release from office and attachment of the same kind of judgment);

1. Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(b) of the former Act on the Control of Narcotics, Etc., concerning criminal facts, the former Act on the Control of Narcotics, Etc. (Act No. 10786, Jun. 7, 201).