beta
(영문) 울산지방법원 2014.12.17 2014고단2508

마약류관리에관한법률위반(향정)

Text

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

Seoul District Prosecutors' Office 2014No. 1141, No. 3, 4, 7.

Reasons

Punishment of the crime

On January 3, 2013, the Defendant was sentenced to two years of imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Changwon District Court on March 21, 2014, and is not a person who completed the execution of the sentence in the Gwangju Prison, but a person who handles narcotics.

1. Medication;

A. On July 22, 2014, at the end of 22:00, the Defendant put psychotropic drugs in a single-use injection machine, 0.05g of Melopon (i.e., one philopon; hereinafter “philopon”), and injected them into the Defendant’s arms.

B. On August 6, 2014, around 19:00, the Defendant injected 0.05g of philophones into a single-use injection machine, dilution with water, and injected them into the Defendant’s arms.

2. Around 20:00 on August 3, 2014, the Defendant sold KRW 3g of a philopon contained in a transparent plastic plastic bag to E in front of the door of the Camp University in the 208 Gi-si Kim Jong-si, Gyeong-si, the Defendant sold at KRW 50,000.

3. On August 7, 2014, at around 20:10, the Defendant: (a) divided the 29.15g philopon into three for single-use and four for transparent plastic bags; and (b) carried them under the supervision of the vehicle hand-on of halogen vehicles.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Seizure records;

1. Investigation report (Attachment of photographs, such as seized articles);

1. Requests for appraisal;

1. A report on investigation (the details of calculation of a surcharge);

1. Previous convictions indicated in judgment: Criminal records, US records and confirmations, and application of Acts and subordinate statutes concerning personal identification;

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. - Selection of imprisonment with prison labor under Articles 60 (1) 3 and 2 of the same Act

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 additional collection is not only a criminal record for the defendant, but also a repeated crime period under the proviso of Article 67 of the Act on the Control of Narcotics, Etc.