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(영문) 부산지방법원 2013.06.13 2012고단9910

마약류관리에관한법률위반(향정)

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 31, 2012, the Defendant was sentenced to 8 months of imprisonment for fraud at the Seoul East District Court and 3 years of suspended execution, and the said judgment became final and conclusive on June 8, 2012, and is currently in the grace period.

Defendant is not a narcotics handler.

On May 2012, the Defendant administered approximately 0.03 g of the psychotropic drug called Mestopon, a single psychotropic drug, in 203 room of Kimhae-si Kim-si, 2012, by drinking it on coffee.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Police seizure records;

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

1. Application of Acts and subordinate statutes to investigation reports (survey of the current market price of mert cancer and calculation of additional collection charges, etc.);

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

1. The latter part of Articles 37 and 39 (1) of the Criminal Act dealing with concurrent crimes (trade between the crimes committed in the market and the first head in the judgment);

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (the defendant has no record of punishment heavier than imprisonment for the same crime; the crime of this case was administered simply once, and all other circumstances, such as the circumstances leading to the crime of this case, the means, methods, etc., shall be taken into account);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., of community service orders;

1. It is so decided as per Disposition for the reason that the market price for medication is not less than 100,000 won under the proviso of Article 67 of the Act on the Control of Narcotics, etc. at the time of collection; and