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(영문) 부산지방법원 2016.11.29 2014고단8124
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 August 2, 2012, the Defendant was sentenced to one year and two months for a violation of the Act on the Control of Narcotics, Etc. in the Chuncheon District Court’s territorial branch on August 2, 2012, and was punished for the same crime on August 18, 2013, including the completion of the execution of the sentence in the Daejeon Prison on August 18, 2013.

Criminal facts

On May 1, 2014, the Defendant administered approximately 0.03g of the 'C' restaurant located in Busan Dong-gu, Busan, and approximately 0.03g of the psychotropic drugs, a psychotropic drug, on the clicker’, on the clicker.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Seizure records;

1. Notification of the results of appraisal of narcotics and a request for appraisal;

1. A report on investigation (calculated additional charges);

1. Previous records of judgment: Criminal records, records of investigation into records, and application of respective Acts and subordinate statutes;

1. Relevant Articles 60 (1) 2, 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. and the selection of a sentence concerning criminal facts, and the selection of imprisonment with prison labor;

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

1. In addition, the reason for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. [Scope of Recommendation] Medication, simple possession, etc., and the consideration of the fact that it is a crime during the period of the same repeated crime (a decision of sentencing] and the fact that it is a simple medication doctor, etc., in the area of aggravation (1 to 3 years) (1 to 1 year), the area of aggravation (1 to 3 years), the same criminal record (2

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