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(영문) 부산지방법원 2015.05.01 2015고단686
마약류관리에관한법률위반(향정)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Violation of the Narcotics Control Act;

A. On January 31, 2015, the Defendant, who is not a narcotics handler, administered approximately 0.03 grams of psychotropic drugs, on a street near the luminous beach Dong-dong, Busan, on a coffee-dong, and administered Maitius narcotics, etc. on a coffee.

B. Around 01:00 on February 2, 2015, the Defendant administered narcotics with approximately 0.03 grams of oponon to coffee, etc., from the mutual influoral telecom around the luminous beach located in the luminous Dong-dong, Busan.

2. The Defendant violated the Act on the Control of Narcotics, etc. (marijuana) added a cigarette 0.5g of the hemp to the hemp in the place and place mentioned in paragraph 1(a) of this Article, and added a fire to the hemp and smoke of the smoke.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Application of the Acts and subordinate statutes to notification of seizure records and results of narcotics appraisal;

1. Articles 60 (1) 2, 4 (1), 2 subparagraph 3 (b), and 61 (1) 4 (a) and subparagraph 10 (a) of Article 3 of the Act on the Control of Narcotics, etc. under the relevant Act on Criminal Facts;

1. Selection of each alternative fine for punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the fact that the Defendant, on the grounds of sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc., was sentenced by the District Court on April 4, 2013 to a suspended sentence of one year and six months, and was again sentenced to the instant crime during the suspended sentence of three years, the content of the Defendant’s criminal act is not easy.

(However, the suspension of execution seems to have been revoked thereafter). However, the defendant's crime related to phiphonephones is the first time, the defendant was punished three times by the crime related to mariju, and the violation of the Military Service Act.

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