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(영문) 부산지방법원 2015.01.08 2014고단9261
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

1. On October 24, 2014, around 23:00, the Defendant sold and purchased narcotics, etc. by selling approximately 0.03g of psychotropic drugs, to E, approximately KRW 0.03g of psychotropic drugs, in front of the D pharmacy located in Busan Seo-gu, Busan, for sale of narcotics, etc.

2. Even if the Defendant is not a narcotics handler, around November 6, 2014, around 05:00, the Defendant administered narcotics, etc. at the Defendant’s house located in F of Busan Seo-gu, and around 0.03g of philophonephones on the part of the owner of the ship.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's protocol of examination of the accused;

1. Copy of a protocol of police interrogation regarding E;

1. Requests for appraisal made by the president of the National Institute of Scientific Investigation;

1. A copy of an interview with a detained person;

1. Application of Acts and subordinate statutes to investigative reports (date of release and attachment of a copy of judgment);

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. of Specific Crimes;

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. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (100,000 won at the market price for scamphones and one-time medication) is that the Defendant again committed the instant crime even though he had been sentenced to imprisonment for the same kind of crime, taking into account the circumstances such as the background, means, method, and recovery of the instant crime.

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