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(영문) 부산지방법원 2012.10.19 2012고단5037
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

On April 13, 2010, 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 April 13, 201 and completed the execution of the sentence on August 6, 201, and was not a person handling narcotics.

1. Around 01:00 on May 24, 2012, the Defendant administered approximately 0.03 g of psychotropic drugs, a psychotropic drug, on the alleyway adjacent to a singing practice room operated by the Defendant in Busan, Jin-gu, Busan, by hanging it in a coffee.

2. Around 18:00 on June 10, 2012, the Defendant administered approximately 0.03 ghonon in the alleyway near the Southern-gu, Busan, by burning it to the coffee.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of appraisal of narcotics;

1. Requests for appraisal;

1. Investigation report (Investigation of the current market price of Mesphere);

1. Previous convictions indicated in judgment: Application of criminal records and investigation reports (the attachment of judgment and confirmation of the fact of release);

1. Relevant Article of the Act on the Control of Narcotics, etc. (amended by Act No. 10786, Jun. 7, 2011; hereinafter the same shall apply), Articles 60(1)3, 4(1), and 2 Subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, May 24, 2012; hereinafter the same shall apply), Articles 60(1)2, 4(1)1, and 2 Subparag. 3(b) of the Narcotics Control Act (amended by Act No. 1145, Jun. 10, 201; hereinafter the same shall apply), each choice of imprisonment with prison labor,

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 proviso of Article 67 (1) of the Act on the Control of Narcotics, etc. and the proviso of Article 67 (2) of the Act on the Control of Narcotics, etc.; and

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