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(영문) 부산지방법원 2014.11.06 2014고단7642
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 December 14, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Changwon District Court on December 14, 2012, and completed the execution of the sentence in the Suncheon Prison on August 10, 2013.

On September 15, 2014, around 22:00, the Defendant administered narcotics, etc. using approximately 0.03 grams of psychotropic drugs, which are psychotropic drugs, to the beer, in the Donobrogate 3 room located in Seo-gu Busan, Seo-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

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

1. Written statement of the prosecutor’s office of defense counsel;

1. Previous records: Application of Acts and subordinate statutes to criminal records, investigation reports (the date of release and copies 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. 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 again committed the crime of this case even after having been sentenced to punishment for one year and two months for the same crime under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (100,000 won for a single-time medication on the market) during the period of the repeated crime, and the fact that the Defendant has repeatedly committed the crime of this case during the period of the repeated crime, etc.

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