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(영문) 부산지방법원 2012.12.13 2012고단8683
마약류관리에관한법률위반(향정)
Text

1. The defendant shall be punished by imprisonment with prison labor for a year and two months;

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

Reasons

Punishment of the crime

On September 8, 2009, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, etc. at Busan District Court on September 8, 2009 and completed the execution of the sentence on September 17, 2010.

The defendant is not a person handling narcotics.

On February 2, 2012, the Defendant was aware of approximately 0.03g of psychotropic drugs, a psychotropic drug, in the Defendant’s residence located in Busan Sho-gu, Busan.

The medication was administered in a way of matho.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to D;

1. Response to a request for appraisal;

1. Investigation report (survey of the current market price of the Mepta Pota and calculation of additional collection charges);

1. Records of seizure and the list of seizure;

1. A criminal investigation report (attaching photographs of a host country);

1. Previous conviction: Inquiry into criminal records and criminal investigation records, and application of Acts and subordinate statutes of a report on criminal investigation (the date of final release from office);

1. Article 60 (1) 3 and Article 4 (1) and subparagraph 4 (b) of the Act on the Control of Narcotics, etc., for which the option of punishment was given, and Articles 2 and 2 of the former Act on the Management of Narcotics, Etc. (Amended by Act No. 10786, Jun. 7, 201; hereinafter the same shall apply)

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

3. Grounds for sentencing under the proviso to Article 67 of the former Act on the Control of Narcotics, Etc.

1. A person subject to the application of the standard of punishment and sentence [decision of type] : A person subject to the three types of crimes (pacta (pactababababa and (c)) (p)) among the narcotics crime group, such as medication and simple possession of a dose: No person subject to special mitigation (pactababababababababa within three years): No person subject to special mitigation (pactababbaba) (pactababba) (pactanot more than three years): Imprisonment with prison labor for one year or three years (a person subject to general mitigation) for a person subject to general mitigation]: A person subject to special mitigation of a crime subject to the same criminal offense (pactababba

2. The criteria for suspension of execution shall not apply (the grounds for suspension of execution cannot be suspended due to grounds for suspension of execution).

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