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(영문) 부산지방법원 2012.07.13 2012고단3135
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 March 2, 2012, the Defendant administered psychotropic drugs by inserting approximately 0.03g of psychotropic drugs in coffee at an office where it is impossible to know the trade name near the head of the District Office of Education in Busan-gu D, Busan-gu D (hereinafter referred to as “diphone”).

Summary of Evidence

1. Defendant's legal statement;

1. Response to the request for appraisal;

1. Application of Acts and subordinate statutes to investigation reports ( investigation of the current market price of Mesphere);

1. Article 60 (1) 3 and Article 4 (1) and subparagraph 4 (b) of Article 2 of the Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201; hereinafter the same shall apply) on criminal facts and the selection of a sentence for the crime;

1. The sentencing period under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (hereinafter “Act on the Control of Narcotics, etc.”) is the second category of the Defendant’s instant crime during the suspension of the execution of the same kind. However, considering the following factors: (a) the Defendant’s instant crime of culphone medication is the second; and (b) the Defendant’s crime of culphone medication is merely the first class of the instant case; and (c)

Items c) and c.

Since there is a special person who falls under the previous sentence (not more than a three-year suspension of execution) of the same region, the scope of sentence shall be 1 to 3 years since the person falls under the aggravated area and the scope of sentence shall be 1 to 3 years) is somewhat unreasonable, the sentence shall be determined as per the order beyond the lower limit

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