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(영문) 부산지방법원 2014.09.04 2014고단5947
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 December 7, 2012, the Defendant sentenced the Changwon District Court to one year for a violation of the Act on the Control of Narcotics, Etc. (compacting) and completed the execution of the sentence on October 24, 2013.

Although the Defendant is not a narcotics handler, on June 21, 2014, around 22:00, at the Defendant’s house located in Kimhae-si, 305, the Defendant administered narcotics, etc. by drinking approximately 0.05 grams, a psychotropic drug, on the water at the Defendant’s house located in Kimhae-si, 305.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Police seizure records;

1. Notification of appraisal results of narcotics prepared by the Supreme Prosecutors' Office scientific investigation officers;

1. Previous records: Application of Acts and subordinate statutes to criminal records, investigation reports (verification of the date of release from court and reporting accompanied by a copy of judgment);

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 was sentenced to imprisonment for one year for the same crime, even though he again commits the crime of this case during the period of repeated offense, and the fact that he was committed repeatedly during the period of repeated offense 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).

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