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(영문) 부산지방법원 2015.05.21 2015고단1176
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

[criminal power] On December 21, 2010, the Defendant was sentenced to one year of imprisonment and two years of suspended execution as a crime of violating the Act on the Control of Narcotics, etc. at Busan District Court, and on August 25, 2011, the same court was sentenced to eight months of suspended execution as a crime of violating the Act on the Control of Narcotics, etc., and completed the execution of each of the above punishment in the Ansan Prison on December 17, 2012.

【Criminal Facts】

The defendant is not a person handling narcotics.

On February 24, 2015, at around 09:00, the Defendant administered approximately 0.03g of psychotropic drugs by dilution into coffee in the Cinepam car operated by the Defendant, which was parked on the side of the Gangseo-gu Busan Metropolitan Government (hereinafter referred to as the “Dongrido breakwater”).

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. A written appraisal;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (verification of a suspect's repeated crime and attachment of relevant judgments, etc.);

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. concerning the relevant criminal facts;

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

1. Additional collection of the reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. [Scope of Recommendation] Medication, simple possession, etc. (one year to three years) of the aggravated area (one year to three years) (one year to three years) of the Act on the Control of Narcotics, etc.] of the same criminal record (a person under special jurisdiction] 【decision on the sentence of a sentence of a punishment of a punishment of a punishment of a similar crime (a more than three years), considering the fact that the defendant again committed the instant crime during the period of a repeated crime as a single crime, the content of the instant crime is a single simple medication, and the fact that the person cooperates in the arrest

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