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(영문) 부산지방법원 2015.01.29 2014고단9692
마약류관리에관한법률위반(향정)
Text

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

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

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a person handling narcotics, around 17:00 on May 3, 2013, the Defendant administered approximately 0.03 grams of psychotropic drugs at the Defendant’s house located in Seo-gu Busan, Seo-gu, Busan, in a way that wrapers (hereinafter “copon”).

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Requests for appraisal made by the president of the National Institute of Scientific Investigation;

1. Copy of a probation card;

1. Application of Acts and subordinate statutes to investigation reports (such as attaching written consent for collection of urine);

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. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (100,000 won at the market price of one-time medication on the market) is that the Defendant was sentenced to imprisonment with prison labor for a crime of violating the Act on the Control of Narcotics, etc. at the Ulsan District Court on October 5, 2012, and again committed the instant crime again during the suspended execution period, taking into comprehensive account the factors unfavorable to the Defendant, such as the fact that the Defendant repeatedly committed the instant crime during the suspended execution period, and the fact that it was committed once medication, and that it was favorable to the Defendant.

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