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(영문) 울산지방법원 2013.09.13 2013고단2460
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

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

The above additional collection shall be levied on the defendant.

Reasons

Punishment of the crime

On February 10, 2012, the Defendant was sentenced to one year in Busan District Court for a violation of the Act on the Control of Narcotics, Etc., and on November 14, 2012, the Defendant was not a person handling narcotics, who completed the execution of the sentence in the net prison on November 14, 2012.

On June 11, 2013, at the D parking lot located in Yangsan-si C, the Defendant administered 0.03g of psychotropic drugs previously received and possessed from his name-free persons, in a way of drinking them to coffee.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for appraisal;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports;

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. Selection of imprisonment with prison labor chosen;

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

1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;

1. There is a need to punish the Defendant, who has been sentenced to both punishment under Article 334(1) of the Criminal Procedure Act, because of the same military force, once again during the period of repeated crime, he/she administers a mert cancer again.

However, the Defendant appears to have been subject to the ACC test by notifying the police officer of the fact of voluntary medication, and the crime of this case is only a simple one time of medication, and the Defendant supports a person with a physical disability 3, and is expected to receive treatment to stop narcotics. Thus, the Defendant’s punishment is determined as per Disposition by comprehensively taking into account these factors.

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