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(영문) 부산지방법원 2014.03.20 2013고단8576
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for one year.

104,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On March 18, 2010, the Defendant was sentenced to one year and three months as a crime of violation of the Act on the Control of Narcotics, Etc. at Busan District Court on March 18, 201 and was on November 2, 201, and was not a narcotics handler.

[2013 Highest 8576]

1. On July 20, 2012 through 18:00, the Defendant administered approximately 0.03g of psychotropic drugs delivered from F at the toilet of the Nam-gu Busan apartment commercial building, Nam-gu, Busan, by a method of drinking drinking water.

2. The Defendant, at the same time and place as that of paragraph 1, adhered to tobacco and 0.1g of marijuana in them, and smoked in a way that smokes by attaching the fire to them.

[2014Kadan388] On November 17, 2013, at H located in Suwon-gu G, Busan, the Defendant spawnd the tobacco by the horse, taken 0.1g of marijuana, and smoked in a way of smoking with a fire attached thereto.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Copy of the judgment;

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 reports (examination, etc. of adverse reactions, such as a documentary examiner, etc.);

1. Reports on internal investigation (in response to the results of appraisal, etc.);

1. Previous records: Application of Acts and subordinate statutes to criminal records, investigation reports (the confirmation of the date of release and attachment of the same kind of judgment and personal confinement records);

1. Smoking of relevant laws or phiphones for facts constituting the crime: Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc.: Articles 61 (1) 4 (a) and 3 subparagraph 10 of Article 6 of the Act on the Control of Narcotics, Etc.;

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. 10,00 won at the market price for one-time medication of a penphone as stated in the proviso to Article 67 of the Act on the Control of Narcotics, etc. and the market price for one-time smoking of marijuana; and

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