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(영문) 부산지방법원 2014.11.14 2014고단8075
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 22, 2014, the Defendant administered narcotics, etc., with approximately 0.03g of psychotropic drugs, etc., on the water, at the toilet of the “D party room located in Busan Jung-gu, Busan, on September 22, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of seizure and the list of seizure;

1. Notification of the result of appraisal of narcotics;

1. Report on investigation (report on calculation of additional collection charges), and application of Acts and subordinate statutes concerning the monthly trend of narcotics;

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

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act concerning probation or order to attend a lecture;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. is that the defendant has been punished three times for the same crime.

However, until the crime of this case was committed, the punishment as ordered shall be determined by taking into account favorable circumstances, such as the fact that the Defendant’s scopon medication was not punished for the same crime, the Defendant’s scopon medication was committed once, the Defendant’s scopon administration was reflected, and the Defendant’s scopon is against the Defendant.

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