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(영문) 부산지방법원 2013.07.25 2013고단3197
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On August 11, 2011, the Defendant sentenced 1 year and 3 months to the violation of the Act on the Control of Narcotics, Etc. at Busan District Court on August 11, 201, and completed the execution of the sentence in the three prisons of the North Korean Dos on July 13, 2012, and is not a narcotics handler.

[2013 Highest 3197] On August 2012, the Defendant issued approximately 0.03g of psychotropic drugs to D, from 506 of the Man-gu, Busan Highest Man-gu, Busan Highest Man-si C building 506.

[2013 Highest 3350] On August 20, 2012, the Defendant issued to G approximately 0.06g 0.06g of psychotropic drugs, in a room where it is not possible to know the Felur care room located in Busan Northern-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's protocol of examination of the accused (including D and G respective statements);

1. A copy of each police interrogation protocol of D or G;

1. The prosecutor's statement concerning G;

1. Investigation report (report on analysis of currency details, etc.);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment, such as a copy of a written judgment, and current status of personal water saving);

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

1. While the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (100,000 won delivered at a time in the market) was sentenced to punishment for the same kind of crime, the defendant has repeatedly committed the crime of this case during the period of repeated crime, and the defendant has repeatedly committed the crime of this case, taking into account the circumstances such as the background, means, method, and frequency of the crime of this case.

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