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(영문) 부산지방법원 동부지원 2012.11.22 2012고단3033

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than eight months.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On September 22, 2011, the Defendant was sentenced to a suspended sentence of three years for a violation of the Act on the Control of Narcotics, Etc. at Busan District Court on September 2, 201, and the said judgment became final and conclusive on September 30, 201, and has the same kind of power as well as the said grace period is more than once, and is not a person handling narcotics.

1. On July 17, 2012, around 17:00, the Defendant received approximately 0.06 g of Melopon from “mopon”, which is a part of society, a part of the society following the Geum-gu Busan Hospital, the Defendant received approximately 0.06g of Melopon (hereinafter “Melopon”).

2. At around 19:00 on the same day, the Defendant 1 administered approximately 0.03 g of clophones in the Defendant’s dwelling at Busan Shipping Daegu EFC No. 402 on the same day.

3. On August 21, 2012, at around 23:00, the Defendant administered approximately 0.03 ghopon by melting 0.03 gopon from the Busan Shipping Daegu Felel 306 room.

Summary of Evidence

1. Statement by the defendant in court;

2. Examination protocol of the accused by prosecution;

3. Investigation report (the DNA contact information stored in a suspect's cell phone).

4. Application of Acts and subordinate statutes concerning requests for appraisal;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 (Article 2 of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with prison labor for the crimes;

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

3. In light of the fact that the defendant in the reason for sentencing under the proviso of Article 67 of the Act on the Management of Narcotics, Etc. is in the period of probation by a judgment of the same crime, a sentence shall be imposed; however, the sentence shall be imposed in consideration of the fact that he/she surrenders himself/herself, cooperates with the investigation, reflects the defendant's age, character and conduct, and environment, and other matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing