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(영문) 부산지방법원 2013.11.08 2013고단4967
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On July 21, 2012, the Defendant administered approximately 0.07 g of psychotropic drugs at a toilet of G 1st floor located in Busan East-gu, Busan-gu, in a way that they drink drinking water, approximately 0.07g of psychotropic drugs (one philopon; hereinafter referred to as “philopon”).

2. On July 15, 2012, the Defendant administered approximately 0.07 g of philopon on the water at the guest room in the Southern-gu Busan Metropolitan City H at around 15:00.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for appraisal;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. In light of the fact that the Defendant was sentenced to a suspended sentence for the same kind of crime under the proviso to Article 67 of the Act on the Control of Narcotics, Etc., and committed the instant crime during the suspended sentence, according to the result of the assessment of maternity and division, it is inevitable to sentence a suspended sentence in light of the fact that there appears to be a habitually

However, in consideration of all the circumstances, such as the fact that the defendant himself/herself is divided in depth into his/her crime and shows his/her will, and that his/her social relationship is obvious, the sentence like the order shall be sentenced.

It is so decided as per Disposition for the above reasons.

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