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(영문) 부산지방법원 2015.02.06 2014고단9363
마약류관리에관한법률위반(향정)
Text

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

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On July 26, 2012, the Defendant sentenced 10 months to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. in Busan District Court on March 14, 2013, and completed the execution of the sentence.

"2014 Highest 9363"

1. On November 14, 2014, around 22:00, the Defendant administered narcotics, etc., with approximately 0.3-0.4gg of psychotropic drugs, in the Defendant’s house located in Busan East-gu, Busan-gu, Mauritius (i.e., “copon”).

"2014 Highest 9761"

2. In around 18:40 on July 21, 2013, the Defendant administered narcotics, etc. by injecting meconium 208 located in Busan Dong-gu, Busan, with a single-use injection volume of psychotropic drugs dilution with water.

Summary of Evidence

"2014 Highest 9363"

1. Statement by the defendant in court;

1. Written statement of the prosecution and the prosecutor’s seal;

1. A report on investigation (verification of counter-party of the suspect);

1. Investigative report (report on the calculation of additional collection charges), monthly trends of narcotics, etc. "2014 Highest 9761";

1. Statement by the defendant in court;

1. The prosecutor's statement concerning the F;

1. Investigation report (report on calculation of additional collection charges), and monthly trend of narcotics (prior record on and before the market);

1. Application of Acts and subordinate statutes to criminal records, inquiry reports on criminal records, written judgments, inspection of records, and inquiry on criminal records;

1. Relevant Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., for which the relevant Article of the Act on the Control of Narcotics, Etc. and the Selection of Imprisonment with prison labor

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. In light of the fact that the defendant, for reasons of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc., committed the crime of this case without being aware of the fact that he was sentenced to four times of punishment (three times of punishment, three times of suspended execution, one time of suspended execution) for the same crime, and that he committed the crime of this case without being aware of the fact that he was committed again.

(b).

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