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(영문) 부산지방법원 2016.04.07 2015고단8163
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[criminal history] On April 26, 2013, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court for a violation of the Act on the Control of Narcotics, etc., and on April 5, 2014, at the net prison on April 5, 2014, at the same time four times, including the termination of the execution of the sentence. On September 25, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court, and the said judgment became final and conclusive on December 16, 2015.

[Criminal facts] Notwithstanding that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

On May 1, 2015, around 20:0, the Defendant provided approximately 0.05g of the Metepopic amba (one philopopon) (one philopon), which is a local mental medicine in the front and rear of the D latter part of the Busan Young-gu, Busan, to E free of charge.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the accused by the prosecution (including the E substitute part);

1. Copy of each police suspect interrogation protocol regarding E;

1. Investigation reports (Attachment of E decisions);

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (the previous judgment, attachment of such judgment and date of release);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts (or choice of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The punishment shall be determined as ordered in consideration of the following facts: (a) the cases and circumstances should be taken into consideration when a judgment is to be rendered concurrently with a crime of a repeated crime of the same kind in sentencing period under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., as indicated in the first head’s judgment that became final and conclusive; and (b) the facts charged are all led to the confession in this court

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