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(영문) 부산지방법원 2012.09.13 2012고단5412
마약류관리에관한법률위반(향정)
Text

1. The defendant shall be punished by imprisonment for one year;

2. 10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On July 29, 2010, the Defendant was sentenced to one year and ten months for the violation of the Act on the Control of Narcotics, Etc. at Busan District Court on July 29, 201, and completed the execution of the sentence on December 19, 201.

The defendant is not a person handling narcotics.

around 19:00 on June 29, 2012, the Defendant administered approximately 0.03 g of psychotropic drugs, a psychotropic drug, in the Defendant’s residence located in Busan Jin-gu C, Busan, in a manner of drinking away from the main body to the main body.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of appraisal of narcotics;

1. Investigation report (investigation of the current market price of the Mesphere);

1. Previouss: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, and reporting on confirmation of release;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc., and the choice of imprisonment for a crime;

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

3. Grounds for sentencing in the proviso to Article 67 of the Act on the Control of Narcotics Additional Collection.

1. Persons who are under special mitigation in the basic area of types 3 of crimes, such as medication and simple possession, (b) and (c) (special mitigation in the period of imprisonment with prison labor for not less than 3 years): Persons under general mitigation in the basic area of types 3 (b) and (c) (limited to the scope of recommendation) (limited to a case of imprisonment with prison labor for not less than 3 years but not more than 10 years): Persons under general mitigation in the same criminal records (limited to a case of suspension in the execution of not more than 3 years), among narcotics crime groups: Persons under general mitigation in the same criminal records (limited to a case of imprisonment with prison labor for not less than 10 years), 5 disabled persons;

2. The criteria for suspended sentence are not applicable (applicable to grounds for disqualification for suspended sentence).

3. One year of imprisonment with prison labor for a decision as to whether to sentence sentence or suspend execution;

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