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(영문) 부산지방법원 2013.10.31 2013고단3760
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 23, 2011, the Defendant was sentenced to ten months as a crime of violation of the Act on the Control of Narcotics, Etc. in the Suwon District Court, and completed the execution of the sentence in the Chuncheon Prison on May 19, 2012, and on May 10, 2013, the Defendant was sentenced to eight months as a crime of violation of the Act on the Control of Narcotics, etc. in the Busan District Court on May 10, 201, and the said judgment became final and conclusive on July 21, 2013.

Defendant is not a narcotics handler.

On February 16, 2013, at around 18:30, the Defendant received approximately 0.06g of psychotropic drugs from E, Metep car, from E, a Metep car, where it is impossible to identify the Defendant’s operating numbers, which are stopped near the D parking lot located in Daegu-gu C.

Summary of Evidence

1. Each statement of witness E and F;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (including E statements);

1. A copy of each police interrogation protocol concerning E or F;

1. E prosecutorial statement;

1. Copy of the judgment;

1. A report on investigation (a copy, etc. of the suspect examination protocol);

1. Previous records: Application of criminal records, investigation reports (verification of the date of release, attachment of the same kind of judgment, current status of confinement of each individual, fixed date of judgment, etc.);

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 latter part of Articles 37 and 39(1) of the Criminal Act for the Handling of Concurrent Crimes (trade between the crimes of violation of the Act on the Control of Narcotics, etc. (fence) and the crimes indicated in the judgment, which became final on July 21, 2013 at the

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. (100,000 won at a time in the market) is that the Defendant, even after having been sentenced to imprisonment for 10 months for the same kind of crime, has repeatedly committed the instant crime during the period of repeated crime, etc., shall be determined as per Disposition by comprehensively taking into account the factors favorable to the Defendant, such as the factors disadvantageous to the Defendant, and the fact that the Defendant

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