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(영문) 부산지방법원 2012.09.20 2012고단3764
마약류관리에관한법률위반(향정)
Text

1. The defendant shall be punished by imprisonment for one year;

2. 10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On May 19, 2009, the Defendant was sentenced to one year for violation of the Act on the Control of Narcotics, Etc. (mariju) at the Busan District Court, and completed the execution of the sentence on January 28, 2010.

The defendant is not a person handling narcotics.

On April 27, 2012, around 22:30, the Defendant administered approximately 0.03g of psychotropic drugs, in a main place where it is impossible to identify the trade name in Gangseo-gu Busan Metropolitan Government C, the Defendant administered the psychotropic drugs, in the manner of drinking by drinking.

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

1. Notification of the results of appraisal of narcotics;

1. Investigation report (investigation of the current market price of the Mesphere);

1. Seizure records;

1. Previous conviction: Application of inquiry reports and investigation reports (verification of the date of final release) Acts and subordinate statutes;

1. Article 60 (1) 3 and Article 4 (1) and subparagraph 4 (b) of the Act on the Control of Narcotics, etc., for which the option of punishment was given, and Articles 2 and 2 of the former Act on the Management of Narcotics, Etc. (Amended by Act No. 10786, Jun. 7, 201; hereinafter the same shall apply)

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

3. Grounds for sentencing in the proviso to Article 67 of the Act on the Control of Narcotics Additional Collection.

1. Persons who are under special mitigation of crimes such as medication, simple possession, etc. among the narcotics crime group [the scope of recommending punishment] basic area of punishment: No person who has been under special mitigation of the same criminal record (not less than a three-year suspension of execution) [the scope of recommending punishment]: One-year imprisonment with prison labor for the same kind of criminal record (not less than three years but not more than ten years), or general mitigation of repeated crimes: No person under general mitigation of the same type of criminal record (not less than three years of suspension of execution) or repeated crimes:

2. The criteria for suspended sentence are not applicable (applicable to grounds for disqualification for suspended sentence).

3. The punishment shall be determined as ordered by a decision as to whether to suspend sentence or not; and

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