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(영문) 부산지방법원 2014.08.21 2014고단3354
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

70,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On September 14, 2012, the Defendant sentenced the Changwon District Court to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of a sentence on April 22, 2013 at the Changwon District Court on April 22, 2013.

[2014 Highest 3354] Although the Defendant is not a narcotics handler, at around 05:00 on April 23, 2014, the Defendant administered narcotics, etc. by drinking approximately 0.03 grams of psychotropic drugs, at the bar of the mutual influorial fluor in Busan Eastdong-gu, Busan.

[2014 Highest 4939] Even if the Defendant is not a narcotics handler, on July 2, 2013, around 04:40, the Defendant provided C with approximately 0.7gg of psychotropic drugs, a psychotropic drug, in the private street path near the Manyang-dong, Busan Metropolitan City, for free.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. Examination protocol of the accused by prosecution;

1. Each police suspect interrogation protocol and copy of the defendant and C;

1. Police seizure records;

1. Data on telephone details;

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

1. Notification of appraisal results of narcotics prepared by the Supreme Prosecutors' Office scientific investigation officers;

1. Investigation report (calculated of a surcharge, etc.);

1. Previous convictions: Application of Acts and subordinate statutes to criminal records and investigation reports (the attachment of the same criminal records and the date of final release from the court);

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. Article 35 of the Criminal Act for aggravated repeated 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. (100,000,000,000,000,0000,000,000,0000,000) was that the Defendant had been sentenced to a criminal of the same kind during the period of repeated crime, and the background, means, method, and method leading to the instant crime by the Defendant.

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