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(영문) 부산지방법원 2015.05.28 2015고단1821
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On June 26, 2012, the Defendant was sentenced to ten months by imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Cheongju District Court on June 26, 2012, and on February 16, 2013, the Defendant is a person who has six times the same criminal records, such as the termination of the execution of the sentence in a Cheongpo Prison

Criminal facts

The defendant is not a person handling narcotics.

1. On April 6, 2014, at around 18:00, the Defendant administered a phiphone in a way of dilution with approximately 0.05 g of psychotropic drugs, psychotropic drugs, by dilution it into coffee, on the Busan bicycle race track located in the Gamba-gu, Busan.

2. At around 17:00 on March 8, 2015, the Defendant administered approximately 0.05g of chophones in the above manner at the Busan Bicycle Racing.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure and the list of seizure;

1. Results of the maternity appraisal;

1. Previous convictions in judgment: The application of criminal records, investigation reports (the fact of release and report on confirmation) and statutes;

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. concerning the relevant criminal facts;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The scope of final sentence due to the aggravation (1 to 3 years) of the aggravated area (1 to 10 years) of Type 3 (1 to 2) of the Act on the Control of Narcotics, Etc. for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc.) / [2] of the aggravated area (1 to 3 years of imprisonment) of the same criminal record (2 to 1) of the same criminal record (1 to 3 years of imprisonment) of the same criminal record (1 to 3 years of imprisonment) of the aggravated area (1 to 1) of the aggravated area (1 to 3 years of imprisonment of the same criminal record) of the same criminal record (2 to 6 years of imprisonment of the same criminal record) : The determination of sentence / [1 to 1 year and 4 years6 months of imprisonment] of the same criminal record of the same criminal record of the same kind of crime; and the fact that the criminal record of the

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