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(영문) 부산지방법원 2013.07.04 2013고단2648
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 August 11, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. in Busan District Court, and on May 26, 2012, the Defendant completed the execution of the sentence in Busan Detention Center.

Defendant is not a narcotics handler.

On April 12, 2013, at around 12:00, the Defendant administered a drug by dilution approximately 0.03 grams of Metepia (tentatively referred to as 'copon'), which is a psychotropic medicine, pursuant to Article 305 of the Busan East-gu C Building 305.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's protocol of examination of the accused;

1. Requests for appraisal made by the president of the National Institute of Scientific Investigation;

1. Investigation report (the attachment, etc. of photographs of the reaction of simple reagents);

1. Previous convictions in judgment: Application of criminal records and investigation reports (related to reporting attached to the judgment and the date of final release from the court);

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 reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (100,000 won or more at the time of sale) is that the defendant was sentenced to imprisonment for the same kind of crime and for two months, and again committed the crime of this case repeatedly during the period of the repeated offense, etc., which are disadvantageous to the defendant, shall be determined as per the disposition, comprehensively taking into account the factors favorable to the defendant, such as the factors for sentencing, and the fact that they

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