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(영문) 울산지방법원 2016.06.29 2016고단818

마약류관리에관한법률위반(향정)

Text

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

Seized evidence Nos. 3 and 4 shall be confiscated.

The defendant 300,000.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On January 2016 and February 2, 2016, the Defendant: (a) indicated KRW 300,000 in the bill of indictment for the sale of 200,000 won on two occasions from the alleyway near Yangsan-si C Studio; (b) however, on this part, the sales proceeds are recognized as KRW 200,000,000,000,000,000,000,000 won, which is a local mental medicine.

the sale to D.

2. On March 6, 2016, the Defendant administered philophone medication by inserting approximately 0.05g philophones into a single-use injection machine within the Ulsan-gu E-ro, Ulsan-gu, U.S., Ulsan-gu, in a way that the Defendant injecteds to the right tam after dilution.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness D;

1. Copy of each protocol concerning the examination of suspect of the police against D;

1. Application of the Acts and subordinate statutes of narcotics appraisal statement (netly 29);

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. 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( 필로폰 0.05g 을 10만 원으로 계산함) [ 양형이 유] 양형기준 : 징역 1년 6월 하한 ☞ 필로폰 판매 가중영역( 징역 1년 6월 ~ 4년, 3년 이내 집행유예 이상 동종 전과) 의 하한이 전체 하한 임 동종 범행으로 집행유예 기간 중 피고인은 2015. 11. 5. 부산지방법원에서 마약류 관리에 관한 법률위반( 향 정) 죄로 징역 10월, 집행유예 2년을 선고 받고 그 무렵 그 판결이 확정되었다.

In light of the fact that the crime of this case was committed again, it is impossible to choose a sentence, but in consideration of various circumstances, such as the background of the crime and the degree of reflective attitude as shown in the records and pleadings, the punishment as ordered is determined (the reason for conviction as to the sales of philophones among the facts charged of this case).