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(영문) 부산지방법원 2015.08.13 2015고단1328
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On February 13, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on February 13, 2014, and was punished for the same crime on December 24, 2014, including the completion of the enforcement of the sentence in the Busan Detention House on December 24, 2014.

Criminal facts

Around 19:00 on February 28, 2015, the Defendant, at the Defendant’s house located in Busan Dong-gu, Busan Dong-gu, administered 0.03g of approximately 0.03 grams of psychotropic drugs, which were received from E without compensation, on the water.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. A written expert opinion on defense;

1. Previous records: Application of Acts and subordinate statutes to criminal records, investigation reports (the date of release from court and a copy of the judgment attached thereto, and inquiry into records of criminal records);

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. concerning the relevant criminal facts;

1. Article 35 of the Criminal Act among repeated crimes;

1. The imposition of additional tax shall be made in consideration of the reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. [Scope of Recommendation] Medications, Simple possession, etc., and the basic area (referring to the period of 10 to 2 years) of the Act on the Control of Narcotics, etc. (referring to the person subject to special mitigation] / The number of self-denunciations / the criminal records of the accused, the fact that the accused surrenders himself/herself to the investigative agency, and the fact that the offense

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