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(영문) 부산지방법원 2014.11.14 2014고단7486

마약류관리에관한법률위반(향정)

Text

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

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On January 3, 2014, the Defendant sentenced the Busan District Court to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence on September 4, 2014.

On September 4, 2014, at around 14:30 on September 4, 2014, the Defendant administered narcotics, etc. with approximately 0.03g of psychotropic drugs, a psychotropic drug, to a coffee store located at the bottom of the Busan Sho-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Requests for appraisal;

1. Investigation report (report on calculation of additional collection charges), and monthly trend of narcotics;

1. Previouss before and after judgments: Application of criminal records, replys to criminal records, judgments, reading records, and other Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., the selection of a sentence for the crime, and the selection of imprisonment for each sentence;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. In light of the fact that the defendant, for reasons of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc., committed the crime of this case on the day of release without being aware of the fact that he had been sentenced not only eight times of punishment for the same kind of crime, but also committed the crime of this case without being aware of the fact that he had been punished for

However, the punishment as ordered shall be determined by taking into account the favorable circumstances in which the defendant voluntarily surrenders himself/herself, and when making a confession of the crime, and taking into account the sentencing conditions shown in the records, such as the age, character and conduct, and environment of the defendant.