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(영문) 부산지방법원 2015.08.27 2015고단2559
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence subparagraph 1 shall be forfeited from the accused.

from the defendant.

Reasons

Punishment of the crime

On December 27, 2012, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. in Busan District Court on December 27, 2012, and was punished three times on June 14, 2013 by the Busan District Court on March 14, 2013.

Criminal facts

1. Even if the Defendant is not a narcotics handler, on May 2, 2015, the Defendant administered approximately 0.05 g of the psychotropic drugs, in the Defendant’s house located in Yangsan-si c apartment 116 dong 1006 and 1006, a psychotropic drug, on a coffee.

2. Even if the Defendant is not a narcotics handler, on May 4, 2015, the Defendant possessed narcotics, etc. by inserting approximately 0.07 grams in a pen, in the same place as Paragraph 1, at around 15:30 on May 4, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Notification of the result of legal and chemical appraisal;

1. Previous records: Application of criminal records and investigation reports (the date of release and reporting accompanied by a certified copy of the judgment);

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. concerning the relevant criminal facts;

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

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

1. The main sentence of Article 67 of the Narcotics Control Act;

1. The scope of the final sentence due to the aggravation (1 to 3 years) of the aggravated area (1 to 13 years) of the Act on the Control of Narcotics, Etc. for the reason of sentencing under the proviso to Article 67 of the same Act: The scope of the aggravated area (1 to 1 year and 3 years of the punishment) of the same type of crime (1 to 3 years of the punishment), the aggravated area (1 to 1 year and 3 years of the punishment), the aggravated area (1 to 1 year of the punishment), the aggravated area (1 to 3 years of the punishment), the aggravated area (1 to 1 year of the punishment) of the same criminal for the same offense (2 to 3 years of the suspended execution), and the general cooperation in investigation, etc. shall be taken into account: One year to 4 years [2 years of the sentence] of the same type of repeated crime;

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