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(영문) 부산지방법원 2014.09.25 2014고단6695
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 September 10, 2010, the Defendant sentenced the Changwon District Court to three years of imprisonment for a violation of the Act on the Control of Narcotics, Etc. (fence) and completed the execution of the sentence on February 14, 2013.

On August 9, 2013, the Defendant: (a) delivered approximately 0.03 grams of psychotropic drugs, which are psychotropic drugs sealed on paper, to an O, who was aware of the 'N' entrance of the inner name 'N' located in Busan Jin-gu, Busan, and received them without compensation, at the front of the entrance of the 'N'.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. A copy of each protocol of suspect examination of the police againstO;

1. A copy of each police statement of theO or P;

1. Copies of police seizure records;

1. A copy of a response to requests for appraisal made by the president of the National Institute of Scientific Investigation;

1. Currency details;

1. A report on investigation (in cases of attaching details to currency);

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (the date of confirmation and attachment of the date of release from a court and current status of personal confinement);

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 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 one-time medication on a board) is that the defendant was sentenced to imprisonment for three years for the same crime, and again committed the crime in this case during the period of repeated crime, etc., which is disadvantageous to the defendant, shall be determined as per the disposition, comprehensively taking into account the factors favorable to the defendant, such as the fact that the defendant repeatedly committed the crime

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