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(영문) 울산지방법원 2017.05.10 2017고단543

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

The above additional collection shall be made to the defendant.

Reasons

Punishment of the crime

On August 12, 2014, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Narcotics Control Act at the Busan District Court on August 12, 2014, and completed the execution of the sentence at the Daegu Prison on May 7, 2016.

Defendant is not a narcotics handler.

1. On February 14, 2017, around 20:00, the Defendant purchased a penphone by receiving approximately 0.03g gramphones, which are 0.03g of philophones, in the street room near the D Hospital located in Busan Northern-gu, Busan, at around February 14, 2017. < Amended by Presidential Decree No. 25077, Feb. 14, 2017; Presidential Decree No. 25038, Feb. 14, 2017>

2. On February 14, 2017, the Defendant administered 0.03g of philophones in the “G” restaurant located in Yangsan City F, in a manner of drinking around 0.03g of philophones on a beer.

Summary of Evidence

1. Statement by the defendant in court;

1. A reply to a request for appraisal (A replys to a request for appraisal);

1. Previous convictions in judgment: Application of inquiries about criminal history and the Acts and subordinate statutes concerning personal confinement;

1. Relevant legal provisions of the Act on the Management of Narcotics, etc., and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc., and Selection of imprisonment with prison labor for a crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of the final sentence following the aggravation of multiple criminal offenses for the Class 1 and 2 (the scope of a recommendation) in the mitigation area (from August to January 6), the mitigated area (from August 1, 200), including the purchase or receipt for medication and simple possession, etc.) of Class 2 (the scope of a recommendation] (the scope of a punishment shall be 8 months to March 2, 200), the mitigated area (the special mitigation area), the purchase or receipt for material investigation cooperation, and the final sentence due to the aggravation of multiple criminal offenses for the same kind of offense (the suspension of execution within three years): 8 months to March 2;

2. The sentence shall be pronounced as ordered by taking comprehensive account of the following circumstances based on the sentencing criteria set forth in the above sentencing criteria:

favorable circumstances: Efforts to cooperate in the investigation of confessions, serious reflectives, sellers of philophones, medications, etc.

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