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(영문) 부산지방법원 2013.06.13 2013고단66
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 November 10, 2011, the Defendant was sentenced to eight months of imprisonment for violation of the Act on the Control of Narcotics, Etc. at Daejeon District Court on November 10, 201, and completed the execution of the sentence in the Daejeon Prison on January 31, 2012.

Defendant is not a narcotics handler.

On February 5, 2012, the Defendant: (a) received approximately 0.05 grams of psychotropic drugs, which are psychotropic drugs, stored in the ward located in the Busan-gu Busan-gu C, and then administered them in a way that they are sent to the station, after delivery of approximately 0.05g of psychotropic drugs, which are psychotropic drugs stored in the white paper E, from the ward located in the Busan-gu, Busan-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police interrogation protocol against the accused;

1. The police statement concerning F;

1. Police seizure records;

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

1. Investigation report (survey of the current market price of Mept Apam and calculation of additional collection charges, etc.);

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports ( current status of confinement by individual person, previous records and attachment of judgment);

1. Articles 60(1)3 and 4(1), and 2 subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201; hereinafter the same) concerning criminal facts

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. It is so decided as per Disposition by comprehensively taking into account the factors favorable to the Defendant, such as the fact that the Defendant committed the instant crime repeatedly during the period of repeated crime, even though the Defendant had been sentenced several times of punishment for the same kind of crime in the reason of sentencing under the proviso of Article 67 of the former Act on the Control of Narcotics, Etc. (100,000 won at a time of sale) and the fact that the Defendant was committed repeatedly during the period of repeated crime, etc.

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