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(영문) 부산지방법원 2013.12.05 2013고단7375
마약류관리에관한법률위반(향정)
Text

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

Seized evidence subparagraph 1 shall be forfeited from the accused.

from the defendant.

Reasons

Punishment of the crime

On February 24, 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 completed the execution of the sentence in Busan Detention Center on October 9, 2012.

Defendant is not a narcotics handler.

On October 14, 2013, at around 22:00, the Defendant administered psychotropic drugs by mixing approximately 0.03g of psychotropic drugs with water at the toilets located in Busan Jin-gu, Busan, about 0.03g of psychotropic drugs.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Statement by the prosecution concerning D;

1. Records of seizure by prosecution;

1. Notification of appraisal results of narcotics prepared by the Supreme Prosecutors' Office scientific investigation officers;

1. Photographs of seized articles;

1. Investigation report (related to confirmation of urient appraisal, etc.);

1. Previous convictions in judgment: The application of criminal records and investigation reports (the confirmation of the fact of release and the current status of personal confinement);

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 main sentence of Article 67 of the Act on the Control of Narcotics;

1. It is so decided as per Disposition by comprehensively taking into account the factors favorable to the defendant, such as the fact that the defendant was sentenced to imprisonment for one year for the same crime, even though he again commits the crime of this case during the period of repeated offense, and the fact that he was committed repeatedly during the period of repeated offense under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (100,000 won for a single-time medication on the market).

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