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(영문) 울산지방법원 2016.05.30 2016고단212

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence No. 1 shall be confiscated.

400,000 won from the defendant.

Reasons

Punishment of the crime

On June 24, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act in the Jinwon District Court's Jinju branch for a violation of the Act on the Control of Narcotics, etc., and on April 6, 2015, and was not a person who completed the execution of the sentence, nor a person who handles narcotics.

1. On October 30, 2015, the Defendant 200,000 won from F on the front road of Busan Shipping Daegu E-M in Busan, and sold to F approximately 0.06 g of Mesophical drugs (one philopon; hereinafter referred to as “philopon”).

2. On November 2, 2015, at around 18:20 on November 2, 2015, the Defendant: (a) 200,000 won from F at the same place as the foregoing paragraph 1; (b) sold 0.06g philopon to F.

3. On January 12, 2016, the Defendant was stopping on the front side of Busan Shipping Daegu G G in Busan around 18:30 on January 12, 2016

F 200,000 won from F in the F’s sports car and sold F 0.22g of philopon to F.

Summary of Evidence

1. Part of the Defendant’s legal statement - The purport that the Defendant did not sell the phiphones while recognizing the fact that the Defendant delivered the phiphones as indicated in its reasoning is difficult to find the reason to conclude that the F, who was directly examined by the witness, made a statement consistent with the facts charged, in light of the degree of his/her statement attitude, etc., and that the F, was not purchased from the point of view of F, is false.

1. Legal statement of witness F;

1. Seizure records;

1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (netly 11) Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under Article 60 of the same Act concerning facts constituting an offense (or choice of imprisonment);

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 main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. 추징 마약류 관리에 관한 법률 제 67조 단서 [ 양형이 유] 양형기준 : 징역 1년 6월 하한 ☞ 각 필로폰 매도 가중영역 (3 년 이내 집행유예 이상 동종 전과, 징역 1년 6월 하한 )으로...