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(영문) 부산지방법원 2015.10.16 2015고단4899
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On April 19, 2013, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on April 19, 2013, and was sentenced to three times of criminal records for the same crime on November 28, 2013.

Around 05:00 on July 22, 2015, the Defendant, at the Defendant’s house located in heading 605 of the Busan Suwon-gu C building, administered approximately 0.05 grams of psychotropic drugs, psychotropic drugs, in cans, and administered Maitius narcotics.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Notification of seizure records and the results of legal and chemical appraisal;

1. Previous records before a report on investigation (related to collection): The application of Acts and subordinate statutes that inquire into criminal records and details of investigation;

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The sentence of imprisonment shall be imposed in light of the reason for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommendations] medication, simple possession, etc., of Type Three (1 to 3 (1 year) (2) and (3)) of the Act on the Control of Narcotics, etc.] of the aggravated area (1 to 3 years) [the decision of a sentence] of the same criminal record (2 to 3 years or less) [the decision of a sentence] of the defendant three times the same criminal record, and

Provided, That it is decided as per the Disposition in consideration of all the circumstances, such as the defendant's reflection, defendant's age, family relationship, occupation, etc.

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