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(영문) 부산지방법원 2016.06.16 2015고단5311

마약류관리에관한법률위반(향정)

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, on February 1, 2015, around 19:00, the Defendant administered approximately 0.03 g of the Mesofter (one philopon (one philopon), a local mental medicine, in the D subway Station male toilet located in Busan East-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Application of Acts and subordinate statutes to the notification of the result of legal chemical appraisal;

1. Articles 60(3) and 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Control of Narcotics, etc. under the relevant Act on Criminal Facts (to be punished by a fine, taking into account the following factors: (a) although committing a crime during the period of repeated crime, it is a secondary crime; (b) the crime is a secondary crime; (c) the crime is a non-identical crime; (d) the fact that it has no record of the same kind since 2009; (e) the fact that the crime is closely reflected in the crime; and (e) the fact that it is a single simple medication case;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;