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(영문) 부산지방법원 2013.11.07 2013고단6487
마약류관리에관한법률위반(향정)
Text

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

50,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On March 30, 2012, the Defendant was sentenced to one year in Busan District Court for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence on March 14, 2013 at the Gesung Vocational Training Correctional Institution.

Defendant is not a narcotics handler.

1. On August 1, 2013, around 00:00, the Defendant purchased and sold approximately 0.75g of psychotropic drugs in front of “D” located in Busan Jin-gu, Busan, to E, and in return, received KRW 3.50,00 in cash.

2. On August 17, 2013, around 17:00, the Defendant administered approximately 0.03 grams from the Defendant’s home, No. 101-dong 1105, Nam-gu, Busan, in a way that frophones are delivered to coffee.

3. On September 8, 2013, around 19:00, the Defendant administered approximately 0.03 grams at the Defendant’s house of 101 Dong-dong 1105, Nam-gu, Busan, in a way of drinking caton to coffee.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's protocol of examination of the accused (including E statements);

1. Copy of each protocol of suspect suspect of the police against E;

1. Police seizure records;

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 (verification, etc. of philophones);

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (verification of repeated crimes and confirmation of the date of final release);

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 Defendant had repeatedly committed the instant crime while committing the instant crime even though he was sentenced to a punishment for the same kind of crime under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (350,000 won at the time of sale in the market) (10,000 won at the time of sale in the market). The Defendant had repeatedly committed the instant crime while committing the instant crime.

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